Outplacement and right to work. The conflict between the lex mercatoria and the Constitutional Rule of Law State

The present investigation has as its main objective analyzing the basis and the scope of the labor law and its remedies, as the assisted severance, originally called outplacement. The several economic crisis, the unipolar world, the new labor organization types and other causes, have created a labor relations’ narrative where the assisted severance is the main protagonist, understood as the free dismissal Twith a package that included assisted training and counseling on labor outplacement. This narrative’s predominance, besides from ideological, spins around the enterprise’s priority interest. In a Constitutional State, the fundamental rights are the maxima and its assurance is a main characteristic of itself. That is why the labor law in its different presentations has to confront and be prioritized on a market-based institution.