The Supreme cancels part of the Spanish rule on layoffs in the … – Investing.com Spain

MADRID (Reuters) – The Supreme Court overturned on Tuesday of the regulations approved by the Spanish government in 2012 on collective redundancies in the public service, as contrary to the provisions of the Workers’ Statute.

In particular, the Supreme rejects the definition that makes the rules on budgetary failure that determines the existence of collective economic reasons justifying dismissal, suspension of contracts and reduced working hours.

The text approved by the Government introduced two fiscal criteria for failure: the government deficit reference in the previous year, and the reduction in appropriations by 5 percent in the current year and by 7 percent in the previous two years.

The ruling, which partially upheld an appeal by the CCOO and UGT, remember though that the Workers’ Statute configured as supporting not merely because of insufficient budget collective dismissal, but it is “supervening and persistent “.

“The simple budget deficit Public Administration of reference in the previous year does not necessarily mean that persistence; and as for the reduction of credits, even though it may sometimes be indicative of the situation, leads ineluctably to it, “the court said.

The same statement also overrides other provision which entrusts the company to notify the employment office of retrenchment, when the Statute of Workers and Social Security Act established the authority to do so labor.

“The Supreme does not consider itself illegal attribute the duty to notify the company, but without suppressing the duty to communicate the laws attributed to the labor authority,” the court said in a note.

The Supreme does not weigh on the other hand other aspects of labor law challenged by the unions to consider that have been served by another ruling in January by the Constitutional Court upheld those precepts of the labor reform .

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