Definición de despido colectivo (número de empleados afectados):
Article 82 of the Labour Code provides that collective dismissals for economic reasons are to be defined by collective agreements at the branch and/or territorial level.
In addition to several branch and territorial collective agreements, Council of Ministers' Decree of 1993 No. 99 defines collective dismissals from 50 dismissals upwards within the period of 30 calendar days.
Consultación previa con los sindicatos (representantes de los trabajadores):
Article 180 of the Labour Code
Notificación a la administración:
Under Articles 21 and 25 of the Law on Employment, the employer has to inform the public service of employment three months in advance about any expected collective dismissals for economic reasons.
Notificación a los representantes de los trabajadores:
Article 82 of the Labour Code: the employer must inform the trade union about any expected reduction of the workforce for economic reasons 2 months in advance and 3 months in advance in case of expected collective dismissals for economic reasons.
Aprobación de la administración publica o de organismos judiciales:
However, pursuant to Article 7.4) of the Law on Employment and Council of Ministers' Decree of 1993 No. 99, the employer's decision on collective dismissals for economic reasons may be suspended by the local authorities up to 6 months, upon proposal of the public service of employment and trade unions to take into account the employment situation at the labour market.
Acuerdo de los representantes de los trabajadores:
Article 82 of the Labour Code: an employer cannot dismiss a worker, member of a trade union, without having taken into account the motivated opinion of the entreprise trade union.
Reglas de prioridad para los despidos colectivos (consideraciones sociales, edad, años de servicio):
Article 179 of the Labour Code "Preferential right to retain the job on reducing the number of staff of the organization":
On reducing the number of staff, employees having higher qualifications and higher productivity are granted a preferential right to retain the job.
If employees have equal qualifications and productivity rates the preference is given to:
- married employees having two or more dependants (disabled members of the family who are dependent on the employee for support or who receive assistance from him which is the only source of means of subsistence for them);
- employees in whose families there are no other employees having independent earnings;
- employees who got a maiming in work or a professional disease in this organization;
- invalids of the Great Patriotic War and invalids of military actions in defending the Motherland;
- employees sent by the employer to improve their qualifications while continuing their work.
The collective agreement may stipulate other categories of employees who may be granted the preferential right to retain the post while having equal qualifications and productivity rates with others.
Obligación del empleador de considerar solucionés alternativas al despido (transferencia, formación...):
Article 81 of the Labour Code
Reglas de prioridad para la re-contratación: