On 5 October 2012, two of the leading political parties lodged a constitutionality challenge to the Spanish Constitutional Court against the Labour Reform Act 3/2012 ("Act 3/2012"). The challenge was admitted on 5 November 2012, but no decision has yet been rendered.
The Spanish Constitutional Court has, nevertheless, already rejected a constitutionality challenge, lodged on 16 April 2012 by Labour Court 30 of Madrid, challenging the constitutionality of some provisions of Act 3/2012 – mainly the abolition of processing salaries when a dismissal is declared unfair. The Constitutional Court deemed it inadmissible on 16 October (Decision 191/2012) on the basis that it did not properly comply with constitutional importance requirements in connection with the Labour Court's decision in the main trial.
Key contacts
Steve Bell
Managing Partner - Employment, Industrial Relations and Safety (Australia, Asia), Melbourne
Emma Rohsler
Regional Head of Practice (EMEA) - Employment Pensions and Incentives, Paris
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.