Legal techniques in the regulation of labour and Social Security measures in the face of the coronavirus health crisis

Abstract

The declaration of the state of alarm by the Government in March 2020, which has confined the population to their homes, with very intense effects of paralyzing business activity, has had a very notable impact in the field of work, causing a decisive prioritization of remote work, an attempt to channel interruption of work through temporary procedures that avoid dismissal or redundancy procedures, as well as important social protection measures to face loss of income as a result of the inability to continue working.

The present study, leaving aside the significance and scope of the measures adopted in this context, aims to analyze the process of elaboration of these emergency regulations, the intervention of the various public powers both in the process of approval and application, as well as the marginal role of social consensus, collective bargaining and the participation of workers in the company. In this way, the specialties of the measures are addressed from the perspective of the game of the rules related to Sources of Law, as well as the role played by the habitual protagonists in the development of our system of labour relations.