▷ Que es un ere de empresa | Actualizado julio 2024

ere definition

The ERE is a tool used by companies to suspend, reduce the working day or dismiss a certain percentage of the workforce. However, a company cannot carry out an ERE at any time, since a series of circumstances and conditions must be met, so that EREs are reserved for those cases in which the dismissal is due to economic, technical, organizational or force majeure circumstances.

However, although there are different types of ERE, the ERE itself is the first one, the termination ERE, causing the most serious consequences for the workers. When we talk about the ERE of suspension and the ERE of reduction of working hours, they constitute an ERTE rather than an ERE, that is to say, a Temporary Employment Regulation Expedient.

As already mentioned, the termination ERE consists of the dismissal of a good part of the workers of a company. Before the labor reform introduced by the Partido Popular, an administrative authorization was necessary to carry out an ERE, but after the labor reform this requirement has been eliminated and now companies can decide when to carry out an ERE.

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The Expendiente Temporal de Regulación de Empleo (ERTE) is a temporary authorization for a company to suspend one or more employment contracts for a certain period of time. Therefore, by means of an ERTE, companies will be exempt from paying the salary to the workers.

As our lawyers specialized in labor law tell us, before an ERTE, the workers will continue to be linked to the company, but they will not receive any salary from the company, neither will they be entitled to vacations nor to extraordinary payments, during the time that the worker remains out of his job.

One of the causes regulated by article 47.1 of the Workers’ Statute (hereinafter, ET), is the case that the companies are facing business difficulties that make it difficult to continue with the economic activity. In this case, the employer may suspend the contract or reduce the working day of its employees temporarily, provided that it can prove the existence of economic, technical, organizational or production causes.

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The Law does not define these causes but (as it happens when it regulates the objective dismissal for business reasons) it establishes the relationship that must exist between them and the termination of the contracts.

The collective dismissal must take place within a period of 90 days in order to be valid. Collective dismissals exceeding this period must be channeled through successive employment regulation proceedings or they will be null and void.

If, in order to avoid the collective dismissal procedure, objective dismissals are made for the same reasons “in a chain” in successive 90-day periods, those that exceed the first 90-day period and are challenged will be considered in fraud of law, and declared null and void.

For the computation of the termination of contracts, objective dismissals due to business causes and terminations agreed in which some economic motivation can be guessed (incentive dismissals) must be taken into account.

Disciplinary dismissals, dismissals due to incapacity or conduct of the employees, and terminations of contracts due to expiration of the agreed time or completion of the agreed work or service are not to be taken into account for these purposes.

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Companies can make adjustments to their workforce in a number of ways. By laying off workers permanently, suspending their work for a period of time, or reducing the hours of their working day. Each of these options carries with it a specific type of ERE. And, consequently, a series of rights for the employees who are affected. Types of ERE:

We give you an example. A car factory has an accumulation of stock of unsold cars. Therefore, it decides to stop the production line of that model of car for 21 days. Thus, it presents a suspension ERE that will affect all the workers involved in the production of that model.

Note: The simultaneous application of several types of lay-offs is also possible. Especially in companies going through a time of crisis. Thus, workers may be affected to different extents. Again, here is an example.

The first step in initiating an ERE is the communication of the ERE to the workers’ representatives. As well as the causes that originate it. In this way, a document is presented with a report detailing the reasons for which it is requested and a list of the employees with the company. In addition, the affected workers and what is proposed for them will be indicated. If the termination or suspension of their contracts. As well as the corresponding indemnities.