Spain: Simplification to collective consultation processes where multiple places of work involved

Amendments have been made to core aspects of the employment law reforms implemented in 2012 with regard to certain collective consultation processes. The amendments are aimed at making the process simpler and quicker.

The 2012 reforms caused numerous problems with regard to the interpretation and practical application of their provisions to representation and procedure in the context of collective transfer processes, substantial modifications to working conditions, suspension of employment contracts and collective redundancy processes.

A new regulation (Royal Decree Law 11/2013, of 2 August, on the protection of part time workers and other urgent social and economic measures) specifies that:

• all the above collective processes will be negotiated by a single negotiating commission, representing all the places of work affected;
• the commission will consist of a maximum of 13 members per party;
• the commission must be formed within seven days of the company calling the parties to the table (15 days if a place of work does not have representatives) and, in any event, before the company sends its notice of the start of the consultation process.
• in the context of collective redundancy processes and the suspension of employment contracts, if the company fails to notify its decision within 15 days of the last meeting held during the consultation period, the procedure would be void and the company would have to start another procedure to implement the proposed measures.

Action for employers

Employers should ensure they update their processes to comply with the new procedure and in particular the new timings.

Article written by Carmen Martinez, Senior Associate