Question from Options, What are the legal steps to perform a collective dismissal in Spain?
Answer from AI:
In Spain, collective dismissal, also known as redundancy, is a complex process governed by the Workers’ Statute and other relevant laws. It’s important to note that this process should be carried out with the utmost care to avoid potential legal issues. Here are the general steps involved:
1. Justification of the Dismissal
The employer must justify the dismissal based on economic, technical, organizational, or production reasons. Economic reasons are related to the company’s financial situation, while technical, organizational, or production reasons are related to changes in the means or scope of production, or the organization of work.
2. Consultation Period
The employer must initiate a consultation period with the workers’ representatives. This period should last no more than 30 days, or 15 days in companies with less than 50 workers. The aim of this period is to reach an agreement that lessens the impact of the dismissal, such as through redeployment or retraining.
3. Notification to the Labour Authority
The employer must notify the Labour Authority of the planned dismissal and the results of the consultation period. This notification should include the reasons for the dismissal, the number of employees affected, and the criteria used to select these employees.
4. Dismissal of Employees
If the Labour Authority does not object, the employer can proceed with the dismissal. Each employee must be given a notice period of at least 30 days.
5. Severance Pay
The employer must provide severance pay to the dismissed employees. This is usually 20 days’ salary per year of service, up to a maximum of 12 monthly payments.
Please note: This is a simplified overview of the process and does not cover all possible scenarios or requirements. It’s highly recommended to consult with a legal professional for personalized advice.
For more detailed information, you can refer to the Workers’ Statute and the Royal Decree-Law 3/2012 on urgent measures for labour market reform.
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