The limits to the new dismissal with the labor reform

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World & Business - Finance
Friday, 17 August 2012 11:38

Before the adoption of labor reform, many companies froze the display settings that had been launched. The number of records of employment regulation (ERE) retired tripled in the first months of 2012 compared to 2011. Among the companies that took advantage of new rules for collective redundancies is the carrier Tradisa that the new law began to 23 people, although the High Court overturned it.

The labor reform was approved on February 10, hardened business positions in the employment regulations (whether on collective redundancies, temporary contracts ...). Now you do not need any permission from the labor authorities, and the agreement with the unions is no longer a condition almost essential.

Also, the drop in revenue for three consecutive quarters justify a collective dismissal , 20 days per year. As cheaper and easier terminations of employment contract.

Tradisa take this opportunity, but the High Court sentenced him as a "legal fraud" because "is a clear desire to evade the legal process to benefit from a more flexible, which means changing refereeing and playing right in the game. "

The situations of the communities of Madrid and Barcelona, ​​DOPEC companies and workshops, many contracts rescinded citing economic reasons. But judges annulled the decision of companies, as part of a business group and serves to make the economic situation of a company only to justify the resolution of an ERE.

The situation of workshops, although no longer mandatory agreement between parties, if there has to be a negotiation with a willingness to reach an agreement or pact, according to the court. Which implies, that in the event the Supreme Court ratified it, raise the minimum compensation provided by law.


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