Post by account_disabled on Mar 6, 2024 22:22:25 GMT -5
Lawsuit requesting recognition of Professional Classification Section III of Chapter V of Title II, Book II of Law 36/2011, of October 10, regulating social jurisdiction (LJS), deals with the special procedure related to actions by professional classification, dedicating a section to this matter. only article, 137. It constitutes a basic right of the employment relationship that the worker fits into the professional classification system through the current professional categories or groups referred to in the applicable individual or collective agreement (art. 22 ET), which is consistent with in order to achieve an effective productive and administrative organization, guaranteeing the minimum level of each job category and uniform remuneration for all personnel of the same professional classification (sent.
TSJ Andalucía. Social Chamber of Seville, 7-15-1992.) . It must be taken into account that the ius variandi or management power authorizes the employer to functional mobility of workers Fax Lists without the need to prove or prove technical, organizational or productive reasons, only enforceable when they involve a substantial modification of the working conditions ex art. 41 ET. But this power is not arbitrary or all-encompassing, but rather is subject to limitations imposed by respect for the rights of the worker, which can be specified in the maintenance of economic and professional rights, such as promotion in employment and respect for their professional category. (sent. TSJ Navarra.
Social Chamber, 11-2-1995). The lack of adequacy between the category or professional group of the worker and the work activity carried out by him will give rise to action in recognition of the one that, due to merit, knowledge or aptitude, corresponds to reality. The particularities of the procedure are detailed below: 1º/ The demand that is formulated must be accompanied by a report issued by the works committee or by the personnel delegates, which has its reason because among the powers that they have recognized is monitoring compliance with the current regulations on labor,.
TSJ Andalucía. Social Chamber of Seville, 7-15-1992.) . It must be taken into account that the ius variandi or management power authorizes the employer to functional mobility of workers Fax Lists without the need to prove or prove technical, organizational or productive reasons, only enforceable when they involve a substantial modification of the working conditions ex art. 41 ET. But this power is not arbitrary or all-encompassing, but rather is subject to limitations imposed by respect for the rights of the worker, which can be specified in the maintenance of economic and professional rights, such as promotion in employment and respect for their professional category. (sent. TSJ Navarra.
Social Chamber, 11-2-1995). The lack of adequacy between the category or professional group of the worker and the work activity carried out by him will give rise to action in recognition of the one that, due to merit, knowledge or aptitude, corresponds to reality. The particularities of the procedure are detailed below: 1º/ The demand that is formulated must be accompanied by a report issued by the works committee or by the personnel delegates, which has its reason because among the powers that they have recognized is monitoring compliance with the current regulations on labor,.