Compatibility of procedure related to the guardianship of fundamental rights and the indirect dismissal

Abstract

This paper contributes to debates over the compatibility of procedure related to the guardianship of fundamental rights and the legal doctrine of indirect dismissal (autodespido) enacted in section 171 of the Labour Code. Rules related to guardianship procedures do not refer to indirect dismissal or to Clause 171. However, contrary to the decision of the Honorable Supreme Court, I contend that they are compatible when the cause of indirect dismissal is in violation of fundamental rights. The paper develops regulatory and interpretive arguments to support the claim.