- Phase
- Workers' Statute; Law 3/2012 of 6 July on urgent measures to reform the labour market
- Native name
- Estatuto de los Trabajadores; Ley 3/2012, de 6 de julio, de medidas urgentes para la reforma del mercado laboral
- Type
- Employers obligation to support redundant employees
- Added to database
- 11 May 2015
Article
Article 18 of Law 3/2012
Description
During the consultation period of a collective dismissal in general (within 90 days, more than 5 employees made redundant if the whole workforce is affected; at least 10 employees in companies with fewer than 100 employees; 10% of the employees in companies between 100 and 299 employees; and 30 employees in companies with more than 299 employees), employers and workers’ representatives discuss not only the reasons for the dismissal, but also the possibility of avoiding or reducing its effects, as well as the necessary measures to attenuate its consequences for workers. This does not apply in case of individual dismissals.
For example, the negotiators can agree on measures such as the use of outplacement companies, training (including training for the improvement of the workers' employability), or other measures to make possible the viability of the undertaking.
In undertakings with 50 or more employees, the employer must provide a social plan to the public authorities and workers’ representatives. The social plan can include the following measures:
- measures intended to avoid or reduce the effects of restructuring – for instance, internal redeployment, functional or geographical mobility, substantial modifications of contractual conditions, training or retraining measures;
- promotion of self-employment or employment in the social economy;
- financial compensations for geographical mobility;
- economic, technical, organisational and other types of measures intended to make the continuation of the undertaking and its activity possible.
Companies have to carry out a special training and redeployment plan of at least 6 months implemented by means of an authorised outplacement company, if the collective dismissal affects over 50 employees.
Sources
- DG Employment, Social Affairs and Equal Opportunities/Héra (2011), Selected companies’ legal obligations regarding restructuring
-
Ius Laboris (2009), Collective Redundancies Guide, Brussels
-
Alpha Consulting (2003), Anticipating and Managing Change - A dynamic approach to the social aspects of corporate restructuring, European Commission, Brussels
-
OECD (2013), The 2012 labour market reform in Spain: a preliminary assessment, OECD Publishing, Paris
-
Royal Decree 801/2011
-
Law 3/2012
-
OECD EPL Database
Citation
Eurofound (2015), Spain: Employers obligation to support redundant employees, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/employers-obligation-to-support-redundant-employees/spain