スペインでは、労働改革により、多くの集団解雇申請が始まる、解雇が容易になった！
Las empresas ‘aprenden’ a evitar la nulidad de sus ERE por errores formales
Las sentencias que dejan sin efecto los despidos colectivos menguan en 2013
Consulta la sección de Empleo
Manuel V. Gómez Madrid 29 ABR 2013 - 09:22 CET
Companies 'learn' to avoid the invalidity of their ERE by formal errors
The statements supersede collective redundancies wane in 2013
See the section on Employment
Manuel V. Gomez Madrid 29 ABR 2013 - 9:22 CET
Just 11 days after the adoption of labor reform, Workshops Lopez Gallego tried to take advantage of the new facilities was the new standard and launched a collective dismissal ended with the termination of employment of all employees, 28 workers. But the May 30 met with an unpleasant surprise: the High Court of Justice of Madrid annulled it. The Supreme Court upheld the ruling on Monday. And it is the only company that has had to reconsider the dismissals. A week earlier, DOPEC same thing had happened in Catalonia. The nullification of collective redundancies gradually enlarged in 2012. However, in 2013 this trend has begun to turn. Companies have learned not to fall into the failures that turned them against the pioneers of labor reform, which in many cases formal mistakes or bad faith tested.
A report by the firm Cuatrecasas has collected redundancies sentences issued between April 2012 and April 2013. Of 54 cases that went to court, 27 ended in annulment, declaration of invalidity four and 23 approval. However, although that is the aggregate, if taken for periods, you can see how decisions in favor and against are gone balancing. Between April and June 2012, of 17 sentences, 14 were rejected and only three were considered adjusted to the standard. In contrast, among the recent opinions, between January and March of this year, eight in all four have been deemed null and four right adjusted.
From 54 processes analyzed by a report, 27 have ended canceled
"Companies have learned to do things," said Ignacio Garcia Perrote, labor lawyer and Uria Menendez's office, which usually defend business interests. A similar view, but from a point of view much more critical, with the head of the UGT studies, José Luis Aramburu, and legal research bureaus of CCOO, Francisco Gualda. "The good thing is that the sentences have set that can not be dismissed in any way", values. Coincides with them a judge of a court referee says it is responsible for more than one of the judgments of Cuatrecasas report.
Besides destroying the administrative approval of the ERE, labor reform sought ways to limit the role of judges in redundancies. And he said it clearly: "The judicial review of the dismissal should follow a review of the occurrence of facts: the causes". So what happened in early antagonized (and still does) to the business. They also watched with concern how the Supreme Court Monday issued its first ruling on collective redundancies, the Workshop Lopez Gallego. The idea that judges continue to intervene heavily in employment regulations and labor reform fell short between business stalled. "The judiciary is to interpret" demanded a week ago Juan Rosell, President of CEOE, and to ensure that your request is fulfilled, claimed a new twist to the labor reform that "there is that possibility."
The truth is that most annulments in collective redundancies fail by judicial interpretations of the causes, as this alone determines whether a dismissal is set right or not, and therefore, defines whether it will be more or less expensive. The cancellations in the courts of employment regulations, especially since the reform was finally approved in July and the regulations in October, have come basically explains Aramburu, for two reasons: lack of documentation and information to demonstrate the causes or for not negotiating in good faith with representatives of workers. That same idea in its judgment distilled Workshops Lopez Gallego tip president of the chamber of Social Justice, Jesus Gullón, who recalled that a 1998 European directive requires that there be a period of consultation, with real negotiations, "that is authentic and not a mere fiction. "
Increase the number of companies that choose to negotiate
"What has occurred in these is a corporate realignment. The companies have left absolute passivity, believed that the new reform did not need almost nothing to try to meet, "says Aramburu, who does not believe that a new reform, or at least a new nut to the last. At the same view online Gualda, CCOO, who looks like has grown willingness to negotiate, which seem to support the data: if in the first months of reform agreed not collective redundancies were around 20% of the processed, in the last three months with data available (through February) that figure has fallen to 15%.
"For a collective redundancy necessary apparatus important documentary," admits Garcia Perrote, who believes that "now we have learned and got better." although the large firms now make fewer mistakes, still demanding the government to "clarify" certain aspects of collective redundancies. Salvador del Rey, Cuatrecasas, has asked on more than one occasion that the documentation requirements are not as comprehensive or that the trading period is not so strict. Perrote, meanwhile, believes that essential aspects should be specified, as the definition of "group of companies", as when launching a collective dismissal, the rule requires the company that is part of a group please account the economic situation "of the whole," not just their own. And in this way, have canceled many labor regulations. It's been a turning point, for example, layoffs sanitation products manufacturer Roca, whose ERE is in the courts, although in Spain because their activity resents the housing slowdown, the group works well for its international diversification.
スペインでは、労働改革により、多くの集団解雇申請が始まる、解雇が容易になった！
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