European Restructuring Monitor (ERM)
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.
Article 53.2 of Statute of Workers’ Rights, modified by article 2.4 of Royal Decree law 10/2010
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. These conditions apply to both individual and collective dismissals. This right is limited to the notice period which in 2010 was reduced from 30 to 15 days.
According to Law 3/2012, objective dismissal due to economic reasons is considered valid 'if a negative economic situation arises from the results of the enterprise, in cases such as the existence of current or foreseeable losses, or the persistent drop in its revenues or sales. In this case, a drop in revenue or sales is considered persistent when occurring during 9 consecutive months'.
As described, workers are entitled to paid leave of six hours per week during the notice period to look for alternative employment, that is during the 15 days of notice period. There is, however, no evidence or data to assess to what extent workers actually avail of this right or to what extent this may improve their employment opportunities.
Eurofound (2015), Spain: Time off for job search, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/time-off-for-job-search/spain
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