Labor Newsletter - May 2021
Spain -
Nullity of collective dismissal and freedom of enterprise
Federico Durán López
Non-compliance with collective dismissal procedures can be sanctioned in various ways, but, in most cases, the execution of a judgment of nullity of a collective dismissal could not be carried out without violating the freedom of enterprise.
News
- The Government sets the objective of reforming the labor market before 2022
- ERTEs will be maintained until May 31, 2021 while talks continue between the Government and the social partners on additional extensions
- The compensation registry tool is now available
- Labor Inspectorate publishes Technical Criteria No. 104/2021 on psychosocial risk actions
- Spain transposes the new Directive on the posting of workers in the framework of a transnational provision of services
Judgments
- The majority of judicial doctrine is in favor of the "prohibition of dismissal" only entailing unfair dismissal
- Non-compliance with the obligation to prorate special payments allows employees to claim, in addition, the amount already paid on a pro rata basis
- The change in the setting of bonus objectives does not constitute a substantial modification of working conditions when this possibility is established in the individual agreement
- The Constitutional Court admits that a dismissal carried out with a test that has violated fundamental rights may be unjustified
- The High Court of Justice of Madrid overturns a judgment requiring reinstatement in the event of unfair dismissal
Contact
