
La teoría del conglobamento establece que debe aplicarse un sólo régimen jurídico al momento de liquidación prestaciones sociales del trabajador; es decir, no puede pretender el trabajador ser beneficiario de una convención colectiva y al mismo tiempo ser beneficiario de conceptos de la LOT pues se estarían acumulando conceptos de regímenes jurídicos distintos; lo cual no está permitido por art. 672 LOT. Distinto es el caso que se presenta cuando existen dudas respecto al régimen jurídico aplicable a un trabajador en cuyo supuesto ha de privar la norma que más le favorezca [in dubio pro operario] pero siempre debe aplicársele íntegramente una sola normativa y no mezclar beneficios de dos regímenes distintos; pues dicho conglobamento no está permitido por la jurisprudencia reiterada y vinculante de sala social TSJ la cual se ha pronunciado al respecto cuando ha interpretado el contenido art 672 LOT.
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