Age 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.
The 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.
The 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.
The 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.
A 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.
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