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The 20 days to challenge the temporary lay-off remain in the state of alert

| News | Employment Law and Social Security

In El Economista, Alfredo Aspra analyses the National Court's ruling of 12th November, which also establishes that this period is not suspended by filing the mediation or conciliation paperwork

The State of Alert has not suspended the 20-day period from the notification that the workers and their representatives must challenge the company's decision to establish a temporary lay-off (Erte) for the collective suspension of employment contracts for the reduction of working hours.

This was determined by the National Court, in a ruling of 12th November, in which it was established that this period was also not suspended by the filing of the mediation or conciliation ballot. In these cases, the time-period for workers and their representatives to challenge the Erte also continues to run.

Alfredo Aspra, partner in charge of the Andersen labour area, explains in this respect that "this ruling by the National Court is especially important, because it determines, based on the Supreme Court's case law, that the action is time-barred, since the lawsuit was filed 22 working days after the notification of the extinction decision. And what is more remarkable: that this period is not suspended either by the validity of the state of alarm, or by the presentation of a conciliation ballot.

The full article can be read in El Economista

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