LABOR REFORM IN LIGHT OF EUROPEAN SOCIAL CHARTER. CONVERGENCE AND DIFFERENCES BETWEEN THE CONSTITUTIONAL COURT AND EUROPEAN COMMITTEE OF SOCIAL RIGHTS

The European Committee of Social Rights has issued its conclusions XX-3 (2014) concerning the enforcement of labor rights the European Social Charter by Spain in 2009-2012. In the same dates, the Constitutional Court has ruled on a question and two Unconstitutional Resources raised against labor reform. Confrontation of all the conclusions of the European Committee of Social Rights and the rulings of the Constitutional Court analysis allows observe how many of the precepts of labor reform that the Constitutional Court considers consistent with the Constitution are rated at the same time as incompatible international commitments made by the Government of Spain by ratifying the European Social Charter. In the present study a comparative analysis of subjects who have undergone the same trial be held in addition to those faced by the Committee only in order to obtain an overview of the labor reform in the light of the European Social Charter, reaching conclusions about the degree of implementation of commitments on labor derived therefrom by Spain, the role that the pronouncements of the Comitee responsible for their application and interpretation should play in the resolutions adopted by domestic courts and the differences between Constitutional Court and the European Committee of Social Rights concerning labor reform.