The increase in energy costs may not be used as an objective cause for dismissal
31/07/2023
The increase in energy costs may not be used as an objective cause for dismissal
En los medios
Our Labor Department colleague Laura Cantero analyzes in Economist & Jurist the worker support measures established in Royal Decree-Law 5/2023, of June 28. Among them, she discusses the ban on dismissals due to the increase in energy costs, a measure that is extended until December 31.
What is intended with this measure, Laura assures, is that, in the face of a situation of a conjunctural and extraordinary nature, the companies resort to the resources available in the labor legislation and, in particular, to the temporary employment regulation proceedings foreseen in article 47 of the Workers' Statute (ET), that is to say, to the ERTES.
Thus, and after the experience lived with the pandemic, it was decided that together with the possibility of resorting to the temporary employment regulation proceedings of article 47 of the ET, other complementary measures of additional precaution should be accompanied to guarantee the necessary social protection, avoiding layoffs and destruction of jobs:
- Those companies benefiting from direct aid will not be able to justify objective dismissals based on the increase in energy costs.
- Those companies that avail themselves of the measures of reduction of working hours or suspension of contracts regulated in article 47 ET, for causes related to the invasion of Ukraine, will not be able to dismiss their workers for this reason.
The author warns that non-compliance with the above measures would result in the return of the public aid received by the non-compliant companies.
See the full article:
