- Phase
- Law 3/2012 of 6 July on urgent measures to reform the labour market; Royal Decree 1483/2012, of 29 October, approving the Regulations on procedures for collective dismissal and suspension of contracts and reduction of working hours; Statute of Workers’ Rights (Royal Decree Law 2/2015); Royal Decree 608/2023 of 11 July, which implements the RED Mechanism for Employment Flexibility and Stabilisation
- Native name
- Ley 3/2012, de 6 de julio, de medidas urgentes para la reforma del mercado de trabajo; Real Decreto 1483/2012, de 29 de octubre, por el que se aprueba el Reglamento de los procedimientos de despido colectivo y de suspensión de contratos y reducción de jornada; Real Decreto Legislativo 2/2015, de 23 de octubre, por el que se aprueba el texto refundido de la Ley del Estatuto de los Trabajadores; Real Decreto 608/2023, de 11 de julio, por el que se desarrolla el Mecanismo RED de Flexibilidad y Estabilización del Empleo.
- Type
- Working time flexibility
- Added to database
- 08 May 2015
Article
Art. 13 of Law 3/2012; Art.16 Royal Decree 1483/2012; Art. 47 of Statute of Workers’ Rights; Art 2,3,4 Royal Decree 608/2023
Description
A temporary layoff plan is a special administrative labour procedure which can be executed due to failure of the business activity as a result of economic, technical, organisational or production problems. Since Royal Decree law 10/2010 was approved, it can be implemented irrespectively of the number of workers affected. Law 3/2012 eliminated the requirement of administrative authorisation. These measures are negotiated between the company and the employees' representatives at the workplace level. In the absence of workers’ legal representatives, employees will be able to confer representation on a commission made up of a maximum of three members belonging to the most representative trade unions of the sector.
In temporary layoff cases, workers are entitled to unemployment benefits, while the enterprise must continue paying social security contributions.
In the case of working time reduction, workers are entitled to partial unemployment. In those cases, working time can be reduced between 10% and 70%.
Other measures related to working time flexibility include irregular working time distribution throughout the year and overtime. Since Law 3/2012 was enacted, 10% of the annual working time can be distributed irregularly throughout the year, thus increasing in some weeks the maximum working hours (40 hours). Previously the limit was 5%. With regard to overtime, the statutory maximum working day (nine hours) can be changed by means of collective bargaining up to a maximum of 80 extra hours distributed throughout the year. In addition, overtime can be compensated with rest.
Additionally, there are measures that include the possibilities of using working time reduction as a measure to reconcile work and family life. The reduction in working time in order to take care of children younger than eight years old or people with a disability can only be applied on a daily basis since Law 3/2012 was enacted. Previously it could be applied in relation to the working week or month. The worker has to advise the employer of his/her intention to reduce their working time 15 days before the date.
In 2023, the RED Mechanism for Employment Flexibility and Stabilisation was activated, which involves a series of measures to support companies in certain particularly complicated situations. The RED Mechanism constitutes an employment flexibility and stabilisation measure and is activated by the Council of Ministers for a given sector of the economy or for a given time cycle. It is an umbrella under which companies will be able to approve their ERTEs. The measures that can be authorised to the company (ERTE) are the temporary suspension of the employment contract or the reduction of the working day of the workers.
Citation
Eurofound (2015), Spain: Working time flexibility, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/working-time-flexibility/spain