The Supreme Court issues a warning in relation to companies’ unilateral abolition of the ever-so-popular tip as it could imply, depending on the case, a substantial modification in working conditions (“MSCT”).
The approval of Law 10/2021, of 9 July, on remote working (BOE 11 July 2021), modified the First Final Provision, Article 40 of Royal Legislative-Decree 5/2000 of 4 August, which approves the consolidated text of the Law on Infractions and Penalties in Labour Matters (Ley sobre Infracciones y Sanciones en el Orden Social or “LISOS”) in such a way that the amounts of the penalties indicated below shall increase as of 1 October 2021 as follows:
ERTEs due to force majeure based on causes related to COVID-19 and ERTEs due to impediments to and/or limitations on activity as a consequence of the pandemic have been extended for the fifth time.
In this article, we will consider whether, pursuant to current legislation and case law, it would be easy to go from an ERTE ETOP to a Collective Dismissal Procedure (ERE) ETOP. For this purpose, we will examine ruling number 63, handed down by the High Court of Justice of Catalonia on 3 December 2020.
On 28 March 2020, in the midst of the state of alarm in Spain, Royal Decree-Law 9/2020 of 27 March entered into force. It adopts complementary measures in the context of employment to mitigate the effects of COVID-19. These regulations include, inter alia, in Article 2, the “prohibition” to dismiss when it is due to force majeure or economic, technical, organisational or production-related causes (ETOP) governed in Articles 22 and 23 of Royal Decree-Law 8/2020 of 17 March.
If you have not heard of it yet, surely you will soon: it is none other than Ruling no. 323/2020 of 18 November, handed down by Labour Court no. 33 of Madrid. From November? Yes, despite its “age,” it has been generating discussion of late due to dismissals of workers over 50. This can be summarised in two simple and terrifying words for companies: null and void.
In labour regulations, the causes for a disciplinary dismissal are listed in the applicable collective bargaining agreement, as well as in Art. 54 of Royal Legislative Decree 2/2015, of 23 October, which approves the consolidated text of the Law on the Workers’ Statute.
At the peak of the third wave, in which mainly the restaurant and trade sectors are again being hit hard by the restrictions imposed by the Autonomous Communities to try to contain the rapid expansion of the virus, and in light of the fact that currently there are more than 700,000 people in ERTEs (collective procedures for the temporary suspension of employment), the government and labour representatives/organisations passed the IV Labour Agreement in Defence of Employment on 19 January 2021.
It certainly seems that way: Royal Decree-Law 28/2020, of 22 September, on remote work, has been approved. This regulation is intended to govern more completely this manner of working which until now has scarcely been governed in Article 13 of the Workers’ Statute. The passing of this regulation was prompted, despite the already existing EU regulation in this respect, by nothing less than COVID-19
Remote working: these are the key points of the new law passed by the government