Special Issue on Redundancy and Dismissalhttps://revistas.suiiurisasociacion.com/xmlui/handle/123456789/229762026-04-24T04:28:00Z2026-04-24T04:28:00ZMarked by invalidations. The consultation period in collective redundancieshttps://revistas.suiiurisasociacion.com/xmlui/handle/123456789/229772025-06-10T19:48:14ZMarked by invalidations. The consultation period in collective redundancies
To begin, this article shall critically address the regulation of the consultation procedureas applicable in Spain in regards to collective dismissals. It then assesses this regulation and itscontroversial application by the courts. Finally, some potential corrections are proposed in response tothe failed 2012 labor reform, in light of the numerous collective dismissals that have been annulled bythe courts. The first section describes the movement from the system of administrative control to judicialcontrol and reveals some of the problems that have arisen during the different phases of the procedure, aswell as some of their shortcomings which have led to the large number of declarations of invalidity. Afterexamining some of the special procedures (dismissals due to force majeure, collective dismissals inpublic administrations and collective redundancies in bankruptcy proceedings), the analysis concludesby suggesting a series of proposals, including the exclusion of the invalidation of collective dismissalsbased on formal grounds.
The new legal framework of the thresholds of dismissals, following the judgment of the Court of Justice of the European Union, fifth chamber, of 13 may 2015, Case C-392/13https://revistas.suiiurisasociacion.com/xmlui/handle/123456789/229792025-06-10T19:48:14ZThe new legal framework of the thresholds of dismissals, following the judgment of the Court of Justice of the European Union, fifth chamber, of 13 may 2015, Case C-392/13
The application of the term “workplace” in Spanish labor law has been a very controversialissue over recent years in the legal field of collective redundancies. The determination ofthis concept acquires importance when establishing the parameters to be followed in order to establishthresholds for individual or collective dismissals. The ECJ has established a performance criterion withwhich member states must comply when developing their domestic legislation in order to clarify andunify criteria.
The cost of dismissals in Spain before and after the labor reformshttps://revistas.suiiurisasociacion.com/xmlui/handle/123456789/229782025-06-10T19:48:14ZThe cost of dismissals in Spain before and after the labor reforms
Several reports and papers about Spanish labour market have focused on the allegedlyhigh dismissal costs and the persistently high rate of temporary work. In fact, the last major reforms onlabour regulation have tried to reduce them. In this paper, I will discuss the most relevant expenditureitems that any employer is Spain has to face to lay off workers. Implicit, indirect and procedure costsappear to be the main problem, and not severance payments for unfair dismissal. Despite of the efforts onimproving the regulations being put forward by this article, there are several dysfunctions caused directlyby the law, as it provides incentives to hire temporary workers and to avoid redundancy legal procedures.
“Cause” in collective dismissalshttps://revistas.suiiurisasociacion.com/xmlui/handle/123456789/229802025-06-10T19:48:14Z“Cause” in collective dismissals
According to Spanish law, the definition of collective dismissal, as in Directive 98/59,makes reference to three primary elements: the numerical/quantitative element, the temporal element andthe causal element. This latter, the identification of the causes that may justify the collective dismissal,has been the most controversial element in Spain. This study analyzes the legal definition of the causesof these collective dismissals, specifically focusing on the economic causes. It also considers the judicialcontrol of these collective redundancies.