スペインのマドリッドの最高裁判所は、会社側が財務状況に関する資料を提出せず、解雇交渉で非柔軟だったので、集団解雇の解雇経営困難表明を無効に
El Supremo anula el primer despido colectivo de la reforma laboral
El Alto Tribunal desecha un recurso contra la nulidad del ERE de Talleres López Gallego
La empresa no negoció "de buena fe" al no mejorar su oferta inicial de indemnizaciones
DESCARGABLE Sentencia del Supremo contra el ERE
Consulta la sección de Empleo
Manuel V. Gómez Madrid 22 ABR 2013 - 14:09 CET
The Supreme Court annuls the first collective dismissal of labor reforms
The High Court dismisses an appeal against the annulment of ERE Lopez Gallego Workshop
The company did not negotiate "in good faith" by failing to improve their initial offer of compensation
Judgment of the Supreme DOWNLOADABLE against ERE
See the section on Employment
Manuel V. Gomez Madrid 22 ABR 2013 - 14:09 CET
Do not deliver the documentation on the financial situation of the company and be inflexible in negotiating an employment regulation has cost the cancellation Workshops Lopez Gallego final ERE launched on 21 February 2012. The Supreme Court has confirmed the cancellation of collective dismissal the company launched 11 days after the adoption of the labor reform that had been lying by the Court of Madrid.
This court's decision is the first to fail the high court on an employment regulation after labor reform passed last year. As it is established in the judgment of the Court of Madrid, confirmed now, 11 days after the labor reform Lopez Gallego Workshops launched a collective redundancies affecting 28 people in it did not meet the documentation requirements and negotiation that requires regulations then in force employment regulations.
Workshops Lopez Gallego argued economic reasons to launch collective dismissal. This pathway requires the company to try their situation and, according to the judgment, did not provide the necessary documentation for that. "The company did not provide the accounts of the last two fiscal years," said the judgment confirmed. "There were no reports on the sale of assets of the company," he continues.
Another argument used by the Court of Madrid, now ratified, was that the company did not improve during the initial negotiation offer those affected (20 days of compensation per year worked, the legal minimum). "This is not a negotiating stance, characterized by its dynamic process of concessions or building consensus solutions and options. Whoever approaches a table query a record of employment regulation with one possibility on the table, yours, not negotiate [...], and such behavior is not a good faith negotiation, "he continues.
The judgment of the Court confirms the line marked by different regional high courts and the High Court. The labor reform facilitated collective redundancies to void the administrative and economic causes defined as sales drop for three consecutive quarters. However, in pursuing a record of employment regulation the company has to be documented alleged cause and negotiate "in good faith". When these two assumptions are not met, the courts are canceling collective redundancies.
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