This is an administrative
procedure normally for a large company that aims to obtain permission from
the competent authority Labor to dismiss employees under circumstances
different from the usual.
It is an exceptional
procedure can be initiated only in certain circumstances prescribed by law.
They could also apply if employees feel that the fact that the company fails to
do so may cause them harm.
Circumstances
The handling of a Record
of Employment Regulation (ERE) can be initiated only if the following
circumstances:
· Death of an
employer or disappearance of the legal personality of the company.
· Collective
dismissals or suspension of the employment relationship due to force
majeure, ie unforeseen circumstances that prevent the normal development of the
activity as a fire.
· Collective
dismissals or suspension based on economic, technical, organizational or
production, where the aim is to improve the viability of the company or it
is impossible.
Initiation
of proceedings
The first step is that the
employer or his case worker sent the request of Record of employment regulation
to the competent authority within his Labor Autonomous Region.
It is also necessary that the
employer send a notice to the workers or their representatives to
begin a period of consultation and dialogue to reach some
agreement.
Documents
The request sent to the
agency official must be accompanied by the following documents:
· A photocopy of the
notice was sent to the workers.
· Memory summarize and
explain the causes that allege.
· Documents
evidencing the situation in which the request is based in the Record.
· Report the number
of employees, their functions and those who will be
affected.
Development
of the procedure
After the application is
started a period of dialogue between the company and workers in
order to reach an agreement. This negotiation may not be less than 30 days. In
the case of companies with fewer than 50 workers this period is reduced to 15
days.
However, if an agreement is
reached will be able to complete the negotiations at any time, unless the pact
is to suspension of the employment relationship between the company and
workers. In this case, although there is agreement will be necessary for the consultation
period will have a minimum duration of 15 days.
The negotiations are often
carried out by the representatives of the company and those of workers who are
often the works council and trade unions.
Compensation
If workers eventually were
dismissed are entitled to compensation, which will be agreed during
negotiations between workers' representatives and those of the company.
The compensation will never
be less than the established as mandatory by law: 20 days per year
worked with a maximum of 12 months.
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