Eurofound's ERM database on restructuring-related legal regulations provides
information on regulations in the Member States of the European Union and Norway
which are explicitly or implicitly linked to anticipating and managing change.
Spain: Notice period to employees
Phase
Statute of Workers’ Rights; Royal Decree law 10/2010 of 16 June on urgent measures to reform the labour market
Native name
Estatuto de los Trabajadores (ET); Real Decreto-ley 10/2010, de 16 de junio, de medidas urgentes para la reforma del mercado de trabajo
Type
Notice period to employees
Added to database
08 May 2015
Article
Art. 53.1 modified by Art. 2.4 of Royal Decree law 10/2010
Description
Employers are required to notify their workforce of planned redundancies 15 days in advance of initiating the process, in case of dismissals on objective grounds. This applies for collective and individual redundancies. This notice period applies to all the employees irrespective of their tenure. The employee is entitled to paid leave of six hours per week during the notice period to look for alternative employment when there is an objective (justified by external circumstances) dismissal. If the employer fails to comply with the notice period requirement, they will be obliged to pay the employee an amount corresponding to the period of notice that was not given.
Dismissal must be communicated in written to both, workers affected and employees' representative bodies existing in the company.
Commentary
In 2010, the notice period was reduced from 1 month to two weeks. The Spanish economy appears now to be more flexible than the average of the OECD countries in this area. Average notice periods in OECD countries are 3.5 weeks for workers with 9 months tenure at the time of dismissal, 1.3 months for workers with 4 years tenure and 2.7 months for workers with 20 years of tenure at the time of dismissal.
Additional metadata
Cost covered by
None
Involved actors other than national government
Works council
Involvement (others)
None
Thresholds
Affected employees: No, applicable in all circumstances Company size: No, applicable in all circumstances Additional information: No, applicable in all circumstances
Sources
Ius Laboris (2011), Individual Dismissals Across Europe, Brussels
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