La duración del periodo probatorio "de prueba" en la Jurisprudencia Constitucional española
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Keywords

probationary period
classical concept
experimental character
probationary period‘s limits
STC 119/2014
July 6
STC 8/2015
January 22
labor reform

How to Cite

Santiago Rivera, C. A. (2016). La duración del periodo probatorio "de prueba" en la Jurisprudencia Constitucional española. Revista De Administración Pública, 47, 309–364. Retrieved from https://revistas.upr.edu/index.php/ap/article/view/5183

Abstract

The Constitutional Court (CC) has developed an identifiable and consistent doctrine on various aspects of the legal concept of probationary period. In this paper we analyze some of that jurisprudential path. Originally, the CC recognized the employer to withdraw from a contract during the probationary period was limited because it could not reach unconstitutional production results, not made for reasons beyond the work itself. This has apparently been relativized in two constitutional judgments, the STC 119/2014, July 6 and the STC 8/2015, January 22. The work has three parts: 1) the classical legal conception of the probationary period; 2) the issue of the duration of the probationary period in the 2012 Labor Reform; and 3) an analysis of the jurisprudence of the Constitutional Court on the duration of the probationary period.
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