Phase
Royal Decree law 3/2011 on urgent measures to improve employability and reform active labour market policies; Royal Decree law 801/2011 of 11 June that enacts regulation of the procedures of employment regulation and administrative measures in cases of collective relocation; Law 3/2012 of 6 July on urgent measures to reform the labour market; Royal Decree 7/2015 which approves Common Services of the National Employment System; Law 3/2023, of 28 February, on Employment
Native name
Real Decreto-ley 3/2011 de medidas urgentes para la mejora de la empleabilidad y la reforma de las políticas activas de empleo; Real Decreto 801/2011, de 10 de junio, por el que se aprueba el Reglamento de los procedimientos de regulación de empleo y de actuación administrativa en materia de traslados colectivos; Ley 3/2012, de 6 de julio, de medidas urgentes para la reforma del mercado de trabajo; Real Decreto 7/2015 por el que se aprueba la Cartera Común de Servicios del Sistema Nacional de Empleo; la Ley 3/2023, de 28 de febrero, de Empleo.
Type
Redundant employees entitlement to public support
Added to database
11 May 2015

Article

4 Royal Decree-law 3/2011; 9 Royal Decree law 801/2011; 19 Law 3/2012; 9, 10,11 and 12 Royal Decree 7/2015; Art 56, Law 3/2023.


Description

There are no specific public support measures ( or active labour market policies) for redundant employees, although sometimes specific advice/guidance measures are developed in order to address particular cases of restructuring. These measures were, for instance, included in the tripartite agreement for the coal industry (2013-2018). 

Active Labour Market Policies (ALMP) addressing the unemployed are managed by the regional government through the Regional Public Employment Services. In 2011, the socialist government enacted a new reform aiming to increase coordination between the national and regional Public Employment Services (Royal Decree law 3/2011). The reform approved the so-called Annual Plan of the Employment Policies (article 5). This strategy sets up the annual goals that regional public employment services must try to achieve.

In 2015, the popular party government regulated a catalogue with common ALMP services to be offered in the whole Spanish territory (Royal Decree 7/2015, art. 9,10,11 and 12). It establishes that all unemployed are entitled to receive the following ALMP services:

  • An individualised diagnosis on the profile and the specific needs and expectations of the unemployed;
  • information and management of job offers;
  • design, elaboration and implementation of an individual and personalised employment plan that could include advice and orientation on employment and self-employment, and advice and orientation on measures aiming to improve professional qualifications and employability;
  • an offer of vocational training measures that can be officially recognised with a so-called ‘professional certificate’;
  • evaluation, recognition and accreditation of professional competencies gained though labour experience.

In addition to this, Law 3/2023 of 28 February on Employment, which allows for the modernisation of public employment services, added extra services. The basis of this new regulation is personalised accompaniment with a catalogue of guaranteed services. The number of groups receiving preferential attention increases, including priority attention for employment policies for workers from sectors undergoing restructuring. With the aim of facilitating access to decent, quality employment and improving the employability of people seeking employment services, the following are guaranteed, for example: the preparation of an individualised user profile; individual tutoring and continuous advice and personalised attention, both face-to-face and off-site, during labour transitions (either between education and employment or between employment and unemployment situations); or a personalised itinerary or plan adapted to their profile, which will require the formalisation of an activity agreement signed between the public employment service and the user.


Commentary

The distinction between redundant and non-redundant unemployed does not exist in the laws regulating the Public Employment Services or the Active Labour Market Policies (ALMP). Distinctions are made, for instance, in terms of long-term unemployed and unemployed or in terms of young unemployed (see for instance youth guarantee programme). As a result, redundant and non-redundant unemployed are entitled to receive the same support. Overall, the effectiveness of public support to unemployed has been questioned by scholars because investment in ALMP has traditionally been underdeveloped, especially in terms of the ratio of clients to employment counselling staff and the main focus has lied on employment subsidies (Lope and Alós, 2013; Miguélez et al, 2015).

A macroeconomic assessment of a variety of active labour market policies for the period 1987–2010 carried out by Arranz et al (2013) found that that employment subsidies for permanent contracts had no notable effect on aggregate levels of permanent or temporary employment. However, they do appear to have had a small positive effect on transitions from unemployment to employment, and from temporary to permanent employment, particularly since the 1997 labour reform.


Additional metadata

Cost covered by
National government
Involved actors other than national government
Public employment service
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

Citation

Eurofound (2015), Spain: Redundant employees entitlement to public support, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/redundant-employees-entitlement-to-public-support/spain

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