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The Record of Temporary Employment Regulation (Erte) is valid even if it is extended to recoverable paid leave

| News | Employment Law and Social Security

Alfredo Aspra analyzes the sentence established by the Audiencia Nacional

If the company does not claim economic causes for the temporary regulation of employment (Erte) file, even though the this may apply, it is not necessary to provide the documentation referred to in Article 18 of Royal Decree 1483/2020 concerning Article 4 of the same regulation, since the company will not be able to justify its decision in a subsequent process.

This was established by the High Court in a 29th June 2020 ruling, in which it was determined that in order for the failure to provide information requested by the workers' labour representatives to annul a consultation period, proof must be provided as to how it prevented an agreement from being reached.

In this respect, Alfredo Aspra, Partner in charge of the Employment Practise in Andersen, explains that the total impact on the staff is not considered disproportionate, if a reasonable distribution of the effect is intended, so that all the staff are affected the same way in rotation.

The full article can be read in El Economista

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