Los jueces ponen límites al nuevo despido de la reforma laboral
Varias sentencias tumban los ERE por no estar debidamente justificados
Los despidos colectivos no deben usarse para generar beneficios, según un magistrado
Esther Tejedor / Manuel V. Gómez Madrid 13 AGO 2012 - 00:34 CET
Judges put limits on new dismissal of labor reform
Several judgments felled the ERE if not properly justified
Collective redundancies should not be used to generate profits, according to a magistrate
Esther Weaver / Manuel V. Gomez Madrid 13 AGO 2012 - 00:34 CET
Weeks before the adoption of labor reform, hundreds of companies paralyzed workforce adjustments that had been launched. The number of records of employment regulation (ERE) removed, 282, tripled in the first two months of 2012 compared to 2011. Among the companies that wanted to take advantage of new rules for collective dismissal process had started with the old rules is the carrier Tradisa, now with the new law laid off 23 employees. The High Court overturned it.
The labor reform adopted on 10 February strengthened the business positions in the regulations of employment (redundancies, temporary contracts and reductions in wages and working hours). No need to leave the labor authority, and the pact with the unions has ceased to be an almost indispensable. In addition, the drop in revenues for three consecutive quarters justifies the dismissal order (20 days per year worked). In short, it is easier and cheaper to contract terminations. And this was a big temptation for companies such as Tradisa. But for the audience that is "legal fraud" because it "provides a clear desire to evade the legal process to benefit from a more flexible, which means changing refereeing and playing right in the game."
A history of the Spanish business complaint is that the courts decided overwhelmingly against him in the complaints about layoffs, despite statistics that since 2000 between 30% and 40% of breakdowns in their favor. To meet this demand, the last two labor reforms have limited the role of judges. The Zapatero government introduced the concept of "reasonable or expected losses" as grounds for dismissal Rajoy objective and the aforementioned drop in revenue. But there is still judicial labor and the courts are beginning to identify the boundaries that mark the new standard.
Situation of the whole group
The first boundary of said Superior Courts of Justice of Catalonia and Madrid in two redundancies. In these communities, businesses and Workshops DOPEC A, respectively, claiming dozens of contracts terminated economic reasons. The judges overturned the decision of the companies, among other things, because they are part of a business group and serves to take the economic situation of a company only to justify the application of an ERE. Thus, it is required to take into consideration, and therefore, is documented, the whole group.
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Workshops For A, the court has gone further, noting that although it is no longer binding agreement between the parties, it does have to be a negotiation with a willingness to reach an agreement. What is ratified by the Supreme Court eventually rising, in fact, the minimum compensation provided by law. "Whoever approaches a table of queries from a redundancy program with the only possibility, does not negotiate or make any concessions, but merely to comply with a formal process," said the statement, which abounds that such an attitude is a negotiation in bad faith.
This sentence, as he has signed a few days ago the High Court reinforces the negotiating role of the representatives of workers, which went very touched of reform. In the latter case, annulling the dismissal of Segur Ibérica to negotiate individually with employees, as he did with the committee. This attitude "vacuous" the consultation period (to be named within a month that gives the law since the company announced an ERE workers until the process ends, with or without agreement).
Several workplaces
Audience This text also a route to the regulations in companies with multiple work centers. The solution, agreed or not, must be the same for the same file. It therefore serves to reach agreement in two centers and not in another, as with Segur Ibérica.
What also made it clear the courts is that the documentation to justify redundancy must accurately reflect the situation of the company. Not worth a provisional accounts, especially if used to predict future losses, if different from the final result and audited, as dictated by the High Court of Madrid against the telemarketing company GSS.
So far, not many sentences, or has set precedents. But the judges have already made clear where the boundaries of the new termination. Do not agree to try to take workers to the street and hire the same time, as did GSS. Not tolerate a company that contracts extinguished during the term of a suspension ERE job that has pledged not to fire, as did M S. A., who fired 23 workers despite having agreed a suspension of 71 employees that is in force until 31 December this year.
But if there is a clear boundary on collective redundancies is marking the Madrid High Court, which clearly define what is a layoff in its ruling against GSS: "The ERE is a social cost to help companies in crisis or productivity problems affecting their survival. They are neither to be a means of destruction working to generate more wealth or benefit to the employer who is not in crisis and has no real difficulties. "
Cheap terminations are imposed
E. T. / M. V. G., Madrid
Layoffs objectives, the cheapest (20 days per year worked), have soared in the first five months of the year. Among the individual terminations and redundancies there have been 163,185, almost 50% over the previous year, according to the Ministry of Employment.
The upsurge in job losses and labor reform have flipped to the form of fire in Spain. Even last year or the previous one, although the labor reform of Jose Luis Rodriguez Zapatero provided objective terminations (20 days per year worked), the route of dismissal used was called Express, a mechanism created in 2002 which allowed fire companies quickly and free with a very high cost (45 or 33 days per year worked).
In recent years, layoffs objectives and employment regulations have been gaining weight. The crisis has focused on many companies in serious trouble. And that has forced them to terminate contracts and make it more difficult down the road, but cheaper. Labor reforms also have their part to pave these roads. What made the 2010 and so has the latest.
The approved last February, culminating finally in Parliament in June, was the final impetus. It ended with the firing-ready (but still appeared on Friday in the statistics because Jobs grouped in this heading which have been appealed, but still no court judgment) and provided further layoffs and collective goals.
However, we must take into account that in Spain there is no direct statistical redundancy and this is made from the causes of the high-unemployment benefits, a fact that Jobs stopped last Saturday and facilitate that, according says on its website, will be "available soon".
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