La revisión de la construcción jurisprudencial sobre la «empresa de grupo» como unidad de empresa laboral

Résumé

In the last years, due to the legislative legal changes in the Labour market released in 2012 (and in particular, those affecting to collective dismissals), the Spanish Supreme Court has also reformulated its traditional construction about considering corporate groups as a single enterprise for the application of Labour Law. That revision commenced in 2013 with quite a controverted ruling based on the fraud theory («Aserpal Doctrine»), and followed on two years later in 2015 with the «Tragsa Doctrine»: this important second ruling makes a theoretical correction on the fundamentals of the jurisdictional construction, formulating a holistic concept of «enterprise group», applicable both to pathological and also to physiological group enterprises. This paper makes a critical analysis about the final jurisdictional construction, showing how the «disregarding of corporate veil» doctrine inconveniently prevails over the autonomous concept of the employer in Labour Law, as much as it brings permanent confusion, incongruences and mistakes in order to face the problems related to the application of Labour Law in group enterprises.