Dismissal costs of persons over 55 years of age in the context of collective dismissalAge is one of the criteria established by companies to determine the workers affected by a collective dismissal procedure due to economic, technical, organisational or production reasons. When the workers are 55 years old or older, the employer is obliged to sign a special agreement.Read more
Companies may include pregnant women in collective dismissalsThe Court of Justice of the European Union ruled in a February 22, 2018 decision (Case C-103/16) that the Spanish legislation allowing for the inclusion of pregnant women in an ERE (Expediente de Regulación de Empleo or collective dismissal) is in line with Directive 92/85.Read more
The classification of the labour group of companies for the purposes of collective dismissals in SpainThe labour group of companies is a phenomenon different from the group of companies and has very significant repercussions in a process of collective dismissal in Spain. The following article clarifies the responsibility of the company belonging to a mercantile group in a case of collective dismissal.Read more
Change in the basis for collective dismissals in SpainThe legal provisions laying down the basis for collective dismissals for economic reasons, as they were defined in the Spanish Workers’ Statute, infringe European Directive 98/59/CE and have undergone a change. Now, only the workplace that is affected by restructuring is regarded as the basis for individual and collective dismissals.Read more
Definition and requirements of a collective dismissal in SpainA collective dismissal in Spain, regulated in Art. 51 of the Worker’s Statute, must be modified due to its inconformity with EU Law. Two European judgments provide details on the term.Read more
