Definition of collective dismissal (number of employees concerned):
According to articles 45 (e), 49 (h) and 54 of Labour Code provide that workers hired for an indefinite period can be made redundant for economic reasons.
Article 54 of Labour Code.
Prior consultations with trade unions (workers' representatives):
Notification to the public administration:
Notification to workers' representatives:
According to article 56 of Labour Code, the employer, from the corresponding authorization, is obliged to previously inform the union organization at its level and the workers, about the application of the availability process, its organization and control.
Approval by public administration or judicial bodies:
Approval by workers' representatives:
Priority rules for collective dismissals (social considerations, age, job tenure):
According to article 55 of Labour Code, in the event of a declaration of availability (redundancy), the principle of demonstrated suitability governs the process of determining the workers who remain in the entity and those available, on the basis that each position is occupied by the most suitable worker, which should avoid any manifestation of predilction, as well as gender or other discrimination.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...):
Priority rules for re-employment: