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The Record of Temporary Employment Regulation (Erte) will be void if the deadline for setting up the commission is not met

| News | Employment Law and Social Security

Alfredo Aspra analyses the Supreme Court ruling

A communication from the company to the trade union representatives and the workers in which it orders them to form a representative commission to deal with a period of consultation in which to negotiate a suspension of employment contracts and a temporary reduction of the working day, but in which it dispenses with the five-day period set out in Article 23 of Royal Decree Law 8/220 denotes a disregard for the rules governing the procedure.

Thus, it is determined by the Supreme Court in a ruling of 20th July in which it emphasizes that "the wording of such a statement evidences the lack of importance that the company gives to the consultations that are going to be developed by referring that "the company assumes that the concurrence of the organizational cause will be estimated and that it will be arbitrated by the competent administration the means for the quick and efficient processing and recognition of the situation and the corresponding benefits for the affected workers".

Alfredo Aspra, partner in charge of the Employment area of Andersen , explains that "although it is obvious that the health crisis caused by Covid-19 and the measures adopted by the governments to mitigate it would affect the productive activity of the company, this does not exempt the company from providing objective information that supports its forecasts, with respect to such posturing of the company, so that the employee representation has thorough understanding of the effects to the company and their possible consequences".

The full article can be read on El Economista

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