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The Supreme Court applies the thresholds of previous and subsequent days to the cessation drip

| News | Employment Law and Social Security

Alfredo Aspra analyzes the sentence in an article published by El Economista

The Supreme Court has issued a ruling, dated 9th December 2020, in which it reviews the trickle of possible dismissals in the 90 days before and after the date of dismissal of an employee to check whether it is a disguised collective dismissal, as stipulated in Article 51.1 of the Workers' Statute.

The ruling, handed down by Judge Virolés Piñol, also concludes that in none of the workplaces has the number of workers dismissed equalled at least 20.

Alfredo Aspra, a partner in the Andersen Employment Practise, explains that limiting the reference period may restrict the rights of the workers concerned, since redundancies occurring in an earlier or later period could not be considered, even if the number set as a limit by the directive concerning redundancies had been exceeded.

The full article can be read in El Economista

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