Fuentes de derecho del trabajo.

Resumo

The sentences of the analyzed period mainly deal with questions of validity or prevalence -over the direct law sources- of higher constitutional and community values and principles (equal treatment, data protection, judicial protection, right to strike, distribution of competences in social matters), determination of the applicable labor law or statute (principle of specialty, identification of the relevant collective agreement for each situation, particularly in business successions), conditioning of the different sources for reasons of normative hierarchy (operative limits of the collective agreement, but also of the laws), and, finally, determination of the playing field of individual private autonomy in labor relations (more beneficial condition, abusive individual agreements). Particularly noteworthy is TC 158/2021, September 16 (RTC\ 2021\ 158), which saves the centralization of IMV management powers in the State, TC 155/2021, September 13 (RTC\ 2021\ 155), which annuls the age impediment to access disability pensions from situations of early retirement of people with disabilities, TC 155/2021, September 13 (RTC\ 2021\ 155), and TC 160/2021, October 4 (RTC\ 2021 \ 160), which admit the use by companies of sensitive data of workers for disciplinary purposes, TC 130/2021, June 21 (RTC\ 2021\ 130), which considers a strike in which the intrinsic unit of the conflict is artificially divided to be abusive causing disproportionate damage to the company, or also TC 140/2021, July 12 (RTC\ 2021\ 140), which resolves that effective judicial protection requires admitting the individual impugnation for lack of material cause in agreed collective dismissals.