Definición de despido colectivo (número de empleados afectados):
An employer who establishes that due to business reasons, become unnecessary work for a period of 30 days:
- at least 10 workers for an employer that employs more than 20 and less than 100 workers,
- at least 10 percent of the workers at the employer, which employs at least 100 but less than 300 workers,
- at least 30 workers with the employer employing 300 or more workers,
It is obliged to elaborate the dismissal program for redundant workers.
Consultación previa con los sindicatos (representantes de los trabajadores):
Art. 99 of ERA provides the obligation to inform and consult the Union:
(1) The employer must inform the reasons for the termination of the redundancies, the number and categories of employees, the planned categories of redundancies, the expected time, which will stop the redundancies and the proposed criteria for determining redundancies written as previously inform the trade unions with the employer.
(2) The employer previously, with a view to reaching an agreement, consult with the trade unions with the employer about the proposed criteria for determining redundant workers in preparing the dismissal program for redundant workers, about possible ways to prevent and limit the number of cancellations and possible measures to prevent and mitigate harmful consequences.
(3) A copy of the written notice referred to in the first paragraph of this Article shall be sent to the employment services.
Notificación a la administración:
Article 100 of ERA regulates the notification to Employment Sevice regarding the need of dismissal of large number of worker, consultation ith the union, amount of redundancies to be paid, expected time and categories to be affected.
Note: collective dismissal can only take place after at least 30 days have expired from the notification to the Employment Service (paragraph 3).
Notificación a los representantes de los trabajadores:
See Article 99 of ERA, paragraphs 1 and 2.
Aprobación de la administración publica o de organismos judiciales:
Acuerdo de los representantes de los trabajadores:
However, consent is required prior to dismissal of a worker's or trade union representative for economic reasons, except when that worker refuses an offer of suitable alternative employment.
Reglas de prioridad para los despidos colectivos (consideraciones sociales, edad, años de servicio):
Article 102 of ERA lists criteria to be taken into account.
(1) An employer shall make a proposal of criteria for determining redundant workers. In agreement with the union, the employer may instead set out a new criteria in collective agreements for determining redundant workers.
(2) In determining the criteria for determining redundant workers into account in particular:
- worker's professional education or qualification for work and need additional skills and abilities,
- work experience,
- job performance,
- health conditions,
- worker's social condition
- parent of three or more children or the sole parent with children.
(3) In determining workers whose work has become redundant, under the same criteria priority shoudl take into account to retain workers with lower social status.
(4) The temporary absence of the employee from work due to illness or injury, care for a family member or a person with serious disability, parental leave and pregnancy should not be a criteria for determining redundancies.
Obligación del empleador de considerar solucionés alternativas al despido (transferencia, formación...):
Article 101 provides a list of obligations to be followed in relation to Dismissal Program for Redundant Workers, in which the employer must provide:
- the reasons for the termination of the redundancies,
- measures to prevent or maximum restrictions on termination of employment of workers, the employer must check the possibility of continued employment under changed conditions,
- a list of redundancies,
- the measures and criteria for the selection of measures to mitigate the adverse consequences of the termination of the employment relationship, such as offer employment with another employer, providing financial assistance, the provision of assistance to start self-employment, purchase of insurance period.
In addition, Article 103 provides that the employer must consider and take into account any proposals from Employment Service of possible measures for preventing or limitation of termination of employment of workers and measures to mitigate the adverse effects of termination of employment.
Reglas de prioridad para la re-contratación: