スペインの裁判官は、解雇は、景気の後退を増加させると警告？
Los jueces avalan un ERE por “grave deterioro económico”
La Audiencia exige que los despidos sean proporcionales
Manuel V. Gómez Madrid 28 NOV 2012 - 22:50 CET
Judges endorse an ERE for "serious economic downturn"
The Court requires that layoffs are proportional
Manuel V. Gomez Madrid 28 NOV 2012 - 22:50 CET
The High Court has backed the 31 layoffs that the company Rent a Car Guerin consummated in May. The Social Chamber of the Court considers that it is "established that the company has suffered a severe economic decline, losing between 1 January 2009 and 31 March 2012 the amount of 18,817,475 euros" and " turnover of the company has deteriorated geometrically. " So concludes the sentence, which can be appealed to the Supreme Court, that the collective dismissal is justified and reasonable and proportionate to the situation of the firm.
The car rental company filed a layoff record on 10 May. Tried to reduce its workforce firing 38 of its 80 workers. During negotiations, the company reduced to 31 the number of employees affected (number of excluded workers' representatives were initially included in the file) and offered compensation of 27 days per year worked. The other party demanded compensation of 30 days and the talks ended without agreement. On May 30, Rent a Car Guerin finished firing 31 employees.
To end justify the dismissal of 38.7% of the workforce, Guerin Rent a Car, a company of Portuguese origin, had argued that losses since 2007
To end justify the dismissal of 38.7% of the workforce, Guerin Rent a Car, a company owned by Portuguese origin insurer Mapfre argued that had losses since 2007. This led the company to close 14 of its 17 offices in Spain. Only remains at the airports of Madrid, Barcelona and Malaga. Both measures, according to the judgment, are justified.
Beyond endorsing the company's decision, the sentence, of which he is president rapporteur Social Chamber of the National Court, Ricardo Weddings, enters a debate among the judges after the labor reform: does to be proportional to the number of layoffs the company's crisis? The court concluded that yes and if Guerin is.
Labor reform eliminated the Workers' Statute "reasonableness" as a guiding principle to adopt measures to address business losses, falling incomes or organizational changes. However, the Court reasoned that this principle is still valid because Spain has signed the Convention 158 of the International Labour Organisation which requires that there be a valid reason for dismissal, "based on the operational requirements of companies, establishment or service" . Therefore, according to the judgment, when implementing redundancies necessary "reason proportionally, using as weighting technique reasonableness and proportionality, which is a technique for weighting the sacrifices."
