Análisis Crítico del Dictamen 4-23-Ue/23 del Proyecto Ley de Reestructuración Empresarial.

Abstract

The "Critical Analysis of the Opinion of the Business Restructuring Law Project" raises the following legal problem: the lack of adequate regulations for business restructuring and thereby guarantee that in fortuitous, emergent, and urgent events, companies do not liquidate but can maintain its operation, with the necessary adjustments or reorganization without implying violations of constitutional or labor rights. It is identified that the bill was not designed to face pressing circumstances derived from the El Niño phenomenon and reflects a possible violation of fundamental rights, such as the right to legal security, effective judicial protection, labor rights and citizen participation. In addition, it is mentioned that the bill contemplates the waiver of workers' rights and exceptions to the privilege of labor debts. It is concluded that the bill could be incompatible with article 148 of the Constitution as it is not of economic urgency, recommendations and conclusions are made in this regard.