A dismissal involves the extinction of the labour relationship between employee and employer, for an entrepreneur´s decision, when the worker has been infringing his contractual obligations. Thus, according to each collective agreement, it should be assumed the specific disciplinary regime. The aim of this study is to analyse both that disciplinary regime and the steps required to refute that decision through a judicial procedure. Furthermore, the different evidences which law parts have and the distinctive features of the achievements gained and the ensuing contribution to the legal process will be highlighted studied. In addition, through practical examples, it will be analysed the effects produced because of unfair dismissal´s acknowledgement. The object of the present work is to reflect de incessant evolution of the regulation of work. My mission is to fight versus the freedom to dismissal a person who works for a businessman. In this deliberation, the restrictions for brake a contract are regulated in Spanish Statute of Workers. At the same time, the inescapable question of job insecurity is reflected in my work. Concurrently, in the diferrent sections of the work I compare the positions than can be raised on this dilemma. Studying the types of workers, regularizated in article 56 of Spanish Statute of Workers, I can say it´s very difficult to make a definition because there is a dispersed doctrinal opinion. On this matter, the work focuses essentially of this conceptualization, on the conceptualization of the fair dismissal vs an unfair dismissal. Conceptualization made by the International Labour Organization (ILO). More than an Organization, ILO is the guardian of fundamental rights of workers. As an example of all the above, there is a section to examine some of the most significant, representative and revealing sentences of Spanish Supreme Court.

Máster Universitario en Acceso a la Profesión de Abogado (M155)