Employment Regulation (ERE)
What is the difference between an ERE and a collective dismissal?
What is the minimum indemnity in ERE?
Does affect an ERE to workers who are decommissioned?
Can workers propose an ERE?
With the new law on labor reform, will no longer need prior administrative authorization. Decisions on the ERE will be made automatically and unilateral by employers, allowing employees have recourse to the social jurisdiction if they are not satisfied
Collective dismissal causes economic, technical, organizational or production (20 days of compensation), required a dossier of regulation of employment (ERE), before this reform requiring a mandatory administrative authorisation which in case of not being agreement parties, he supposed in 95% of cases the dismissal of the case.
This in practice, required the employer to previously negotiated with the representatives of workers and, therefore, to a significant rise in offered compensation. Similarly, in the ERE to temporary suspension of contracts of work or reduction of working hours the company were forced to negotiate the payment of supplements to the unemployment benefit.
After this reform no longer needed such administrative authorisation, although is replaced by a judicial control of ERE procedure, if called by the workers or by the labour authorities. In practice is reduced the bargaining power of the worker in the absence of administrative authorization, the approach of the company he will be Executive in the event that the parties do not reach an agreement.
Companies that lay off more than 50 workers will have to devise a plan of external relocation with a minimum duration of 6 months, with the obligation to make a financial contribution to the Treasury (pending to determine) if there are extinctions of workers with more than 50 years old.
