El orden social como jurisdicción integral del empleo públicobalance y propuesta a la luz de la experiencia de la prevención de riesgos laborales

Resumo

The review of the competence map established for social jurisdiction, the lights and shadows achieved with the labor risks prevention and the interpretative and legislative evolution, constitute a clear and inexorable expression of the need to promote a genuine social jurisdiction of public employment, by regardless of the nature of the employment relationship (labor or civil servant, even statutory) and the regulatory source of conditions and rights of the staff, even the individual or collective dimension of the conflict. The social order must be the comprehensive jurisdiction of public employment, not just civil employment, and especially when it comes to subjects directly connected to working conditions and also social protection, due to imperatives of unity, specialty and effectiveness requirements of the judicial protection of social rights. These issues would lead to a historic expansion of responsibilities for which the opening of interpretative criteria is not enough but requires a reform of legislated law