If the Government again prohibits objective dismissal, will the workers be protected?

The

is studying the possibility of once again prohibiting

, as it did during the pandemic, to prevent

price war from

and to dissuade companies from opting for this route to reduce costs, according to what Efe has advanced this Thursday.

What does this prohibition mean in practice?

Although the Ministry of Labor uses the expression "prohibition", in reality

just as it was during the pandemic.

However, an objective dismissal for economic reasons cannot be considered appropriate.

For this reason, before a dismissal of these characteristics that the worker will not accept, it

-and the company would have to reinstate the worker- or if it should be processed as unfair

.

For the worker what does it mean?

It implies

, in the sense that the company is dissuaded from laying off workers because it will be more expensive, but it does not prevent them from being fired.

If the dismissal is declared

, the worker will be compensated with

(and

for the period worked before February 12, 2012, when the labor reform was approved).

Fair dismissal

much lower compensation:

And for the company?

for the company to

do without a worker.

The objective of the measure is that instead of trying to cut costs through employment, companies look for

.

This policy, during the pandemic, was accompanied by a reinforcement of the Temporary Employment Regulation Files (

), which were very advantageous for companies as they were exempt from paying Social Security contributions.

At a macroeconomic level,

because, although the cost of paying the unemployment benefit is the same, those affected by ERTE do not count as unemployed but as affiliated with Social Security.

Will companies be able to use ERTEs now too?

With the labor reform, the Government enabled

for sectors that had not recovered their level of activity.

This model, however, has to be activated by the Council of Ministers and to date it

.

In fact, the Minister of Social Security, José Luis Escrivá expressly refused to activate them for any other sector.

However, the unions are pressuring the Executive to also activate it for companies affected by the collateral effects of the war, a measure that could also go ahead.

Which companies may be considering laying off?

The rise in the prices of electricity, gas and fuels has caused an

Many areas of the

have been forced to

-and put their workers in an ERTE- due

, while

-food companies are suffering from the transport strike and shortages, which in many cases also it has already led them to dispense with the workers.

When will this measure be approved?

The Government will approve next Tuesday,

a

to deal with the consequences of the war and promote a drop in prices.

, advanced this Thursday

, the plan will include a

that could include this prohibition.

Conforms to The Trust Project criteria

Know more

• Social Security

• Minister council

• Yolanda Diaz

• ERTE

• job

DismissalsWork considers re-banning dismissals due to the impact of the war on employment

New ERTEsThe Government rules out a RED mechanism for Spanish companies affected by the war

Strike Labor inspectors stand before Yolanda Díaz and will strike on March 30: "We are on the verge of failure"

See links of interest

• Last News

• cheap gas stations

• Default Russia

• When does the 2021 Income start?

• Income 2021

• Work calendar 2022

• Economy Podcast

• Anadolu Efes Istanbul - Olympia Milan

• Maccabi Fox Tel Aviv - Real Madrid

• Portugal - Turkey, live

• Italy - Macedonia live