RT info:eu-repo/semantics/doctoralThesis
T1 La sociedad laboral: Estatuto jurídico de las personas socias trabajadoras y administradoras
A1 Fernández Sahagún, María Soledad
A2 Universidad de Valladolid. Escuela de Doctorado
K1 Trabajo
K1 Worker Owned Companies
K1 Sociedad Laboral
K1 Worker Partners
K1 Socios Trabajadores
K1 Social Economy
K1 Economía Social
K1 Board Members
K1 Administradores
K1 5605.03 Derecho Mercantil
AB The purpose of this paper is to study the legal status of the worker-member employees and of the administrators of the worker owned company (Sociedades Laborales), regulated in Law 44/2015, dated 14 October, on Workforce owned and Participated Companies, in view of the special or unique legal status of the worker-member due to the dual nature of worker with an employment contract for an indefinite period of time and as a shareholder who provides capital. Thus, the determination of the legal nature of this double bond, corporate and labor, of the working partner with the company determines its legal status, and therefore the diverse and, at the same time complex, bundle of rights and obligations that it entails. Since the labor company is the focus of our research, it has been necessary to frame the study of the labor company as an entity of the social economy, and therefore to approach the study of the legal framework of the social economy not only as a national phenomenon but also as a European and worldwide phenomenon. Worker owned company (Sociedades Laborales) are social economy entities that we understand to be one of the legal forms of the future due to their high capacity to promote and develop economic activities that generate stable and quality employment, contributing to a more inclusive and sustainable economic growth, seeking a balance between economic efficiency and social and environmental resilience, as well as a more equitable distribution of income and wealth, and incorporating issues related to gender equality in the articles of the Labor Law itself, which at the time represented an innovation in relation to the scarce or non-existent formulation of these matters in other corporate models. Worker owned company (Sociedades Laborales) represent the maximum exponent of the participation of workers in companies in Spain, complying with the constitutional mandate, and are those public or private limited companies, which by meeting certain requirements established in Law 44/2015 on Worker-Owned and Participated Companies are classified as worker-owned, applying in a supplementary manner the Consolidated Text of the Law on Capital Companies (D. F. 3.ª LSLP). As entities that form part of the catalog of social economy entities, labor companies, without ceasing to be viable in economic terms and looking beyond the profit motive or business profit to be distributed among the members, must fulfill an important social task, carrying out activities that satisfy not only the needs of the members of the labor company, but also those of the rest of society, in the best possible working conditions.The detailed study of the legal status of the partners and workers with an indefinite term employment relationship and the legal status of the managing partners of the labor company is the central part of this work, where the issues in which corporate law and labor law are intermingled are discussed in depth and reflected upon, as could not be otherwise, in view of the double bond of the working partners with the company, on the one hand, a corporate bond and, on the other hand, a labor bond.
YR 2024
FD 2024
LK https://uvadoc.uva.es/handle/10324/67212
UL https://uvadoc.uva.es/handle/10324/67212
LA spa
NO Escuela de Doctorado
DS UVaDOC
RD 27-jul-2024