The Secretary of State for Employment and Social Economy, Joaquín Pérez Rey, has ensured that the six-month notice that is incorporated as an obligation in the collective dismissal procedures included in Royal Decree 608/2023, which entered into force last July, It is an element that can prevent “many collective dismissals.”
During the press conference to present the affiliation and unemployment data, the Secretary of State for Employment has defended that this rule helps public administrations to “look for alternatives” when collective layoffs occur and is “very important” for the protection from the workers.
“It is a notice that is intended to avoid the consequences of collective layoffs and to prevent the deindustrialization of our country,” Pérez Rey stressed.
Royal Decree 608/2023 is part of the special aid regime (the new ERTE) that the Government approved last July and, through which, businessmen affected by unexpected crises, such as the pandemic or the war in Ukraine, will be able to paralyze your activity.
This rule establishes that companies will have to notify the General Directorate of Labor, under the Ministry of Labor and Social Economy, six months in advance, from the start date of the dialogue with the social partners, and the unions if they plan to close permanently one or several work centers and this implies the dismissal of 50 workers or more.
The only exception contemplated for failing to comply with the six-month notice period is in the event that the dismissal is “hasty and unforeseen”, but a compelling reason must be provided to justify it.
On the other hand, Pérez Rey has assured that, about this norm, the Council of State was informed, it was transferred to the autonomous communities, the opinion of the social partners was requested and it passed through all the collegiate bodies of the Government, so it is far from being a “surprising” rule as critics claim.
Asked about the 23% increase in collective dismissals, he assured that there is “no special concern” about the incidence of collective dismissals.
“It has to do with the fact that a year ago there were 2,000 and now there are 2,400, but of course, we are talking about the fact that it is 0.01% of the employed and that the average number of collective extinctions is well below what happened, for example , from 2008, when the average stood at 5,000 collective dismissals”, he stressed.
