Retórica y ponderación judicial en las adaptaciones de la prestación laboral a las necesidades de conciliación

Résumé

This work aims to articulate a series of theoretical reflections concerning argumentation and interest balancing in cases involving the adaptation of certain working conditions to an employee's family circumstances as provided in Article 34.8 of the Spanish Workers' Statute, an area currently marked by considerable uncertainty. To achieve this, we will commence with a critical analysis of the argumentation found in various rulings from the labor courts. This analysis will take into account not only the substantive aspects internal to legal discourse but also the formal or purely rhetorical aspects. The goal is to construct a theoretical reflection firmly rooted in practice, with the intention of assisting legal practitioners by providing them with guidelines on how to reason in such cases. By establishing this connection between theory and practice, we aim to modestly contribute to an improved overall understanding of the studied provision, which could, in turn, facilitate the formulation of future legislative proposals.