Article 51.2 of the recast text of the Law on Workers ' Statute, adopted by Royal Legislative Decree 1/1995 of 24 March, expressly provides for the need for regulatory development of the administrative procedure. of employment regulation in its more general lines in that provision.

To date, the matter was collected in Royal Decree 696/1980, of April 14, partially modified by Royal Decree 2732/1981, of October 30, where the development of the procedure also resided (a) administrative provisions relating to a substantial modification of working conditions, which does not exist today after the entry into force of Law 11/1994 of 19 May, amending certain articles of the Staff Regulations, Articles of the Law of Labor Procedure and the Law of Infractions and Sanctions in the Social Order.

Likewise, the date of enactment of the regulations for the development of procedures for the extinction and suspension of industrial relations and their lack of subsequent updating, has assumed its phase in certain matters such as, for example, the recognition of the intervention of the autonomous public administrations in the field of employment regulation, whose competence was assumed on dates after 1980.

This Regulation is thus to update the administrative procedure for regulating employment to the actual circumstances existing at the present time, and to establish an expressive management of the different This is the case for a number of cases which may arise in the ordinary development of industrial relations, and which find their way into the previously mentioned employment regulation procedure. In this way, the supposed collective extinction of working relationships, of the suspension of the same, are dislocated, which in turn do not require the character of collective, although according to Article 47 of the Staff Regulations, the The procedure for the procedure, except for certain specialities, is set out in Article 51 of the statutory rule. On the other hand, in line with the update which is being carried out, new wording is required, in line with the amendments introduced by Law 11/1994 of 19 May, to Article 1 (1) (a), 1.3 and 1.4 of Royal Decree 625/1985, 2 of April, for which the Law 31/1984, of 2 August, of Protection for Unemployment is developed, currently repealed under the Royal Decree of Law 1/1994 of 20 June, approving the recast text of the General Law of the Social security, which included it in its articles (Title III).

Likewise, the regulation, much simpler from the procedural point of view, is carried out, of the assumptions in which the enabling cause of the extinction or suspension of work contracts are of force majeure, which does not (

) the right to the right of the person to whom he or she is a person;

On the other hand, in the context of the regulatory development of Article 51 of the Workers ' Statute, it has been considered appropriate to introduce the peculiar administrative regulation of the case referred to in Article 40 of the Treaty. the same rule, on administrative intervention in the field of collective transfers for the possible extension of the deadline for the incorporation of the workers to their new jobs, in the face of the concurrency of economic or social consequences that the justify.

Finally, Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, has come to substantially modify some aspects, of great importance in this area. the procedure, concerning the relations between the citizens and the public administrations, which must be taken into consideration when regulating the formal channel through which the suspension or extinction of the relations is carried out labor.

In its virtue, on the proposal of the Minister of Labor and Social Security, with the approval of the Minister for Public Administrations, according to the Council of State and after deliberation of the Council of Ministers, at its meeting of the day 19 January 1996,

D I S P O N G O:

Single item.

It is approved, in application of the fifth final provision of the recast text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, the Regulation of the procedures for regulating employment and administrative action in the field of collective transfers, which is inserted below.

Single additional disposition.

1. Article 1 (1) (a) of Royal Decree 625/1985 of 2 April 1985 on the development of Law 31/1984 of 2 August on Unemployment Protection is hereby amended as follows:

"(a) By virtue of the authorization given to the employer to terminate the employment relations of its workers in a decision rendered by the competent employment authority in the case of employment regulation."

2. New wording is given to Article 1.3 of Royal Decree 625/1985 of 2 April, for the development of Law 31/1984 of 2 August of Protection for Unemployment:

" 3. Where the contract of employment is suspended, pursuant to the authorization granted to the employer to suspend the employment relations of its employees in a decision rendered by the competent labour authority in the case of a employment. "

3. New wording is given to Article 1.4 of Royal Decree 625/1985 of 2 April, for the development of Law 31/1984 of 2 August of Protection for Unemployment:

" 4. Where the ordinary working day is temporarily reduced by at least a third party, by virtue of the authorization given to the employer to reduce the working time of his employees by a decision rendered by the labour authority competent in the case of an employment regulation. "

Labor relations within the Ministry of Defense will continue to be governed by its specific regulations in the aspects covered by the Regulation that is approved by this Royal Decree.

Single transient disposition.

The procedures included in the scope of the Regulation adopted by this Royal Decree, initiated prior to its entry into force, will be resolved in accordance with the provisions of Royal Decree 696/1980, of 14 April, in all that the latter rule does not object to the Royal Legislative Decree 1/1995 of 24 March, and to Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Single repeal provision.

1. As from the entry into force of this Royal Decree and the Regulation that it approves, all rules of equal or lower rank are repealed in that they contradict or oppose the provisions of the same.

2. Royal Decree 696/1980 of 14 April 1980 on the application of the Staff Regulations to the dossiers for substantial changes in the working conditions, suspension and termination of the employment relationship is hereby repealed. job.

Single end disposition.

This Royal Decree and the Regulation it approves will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid to January 19, 1996.

JOHN CARLOS R.

The Minister of Labour and Social Security,

JOSE ANTONIO GRINAN MARTINEZ

REGULATION OF PROCEDURES FOR THE REGULATION OF EMPLOYMENT AND ADMINISTRATIVE ACTION IN THE FIELD OF COLLECTIVE TRANSFERS

TITLE I

From the administrative procedure of employment regulation

CHAPTER I

General provisions

Article 1. Object and scope of application.

1. The termination of employment contracts based on economic, technical, organizational or production causes shall be carried out by means of the procedure laid down in this Regulation, in cases where, within a period of 90 days, such termination affect at least:

a) Ten workers, in companies with fewer than 100 employees.

b) 10 per 100 of the number of workers in the company in those who occupy between one hundred and three hundred workers.

c) Thirty workers in companies occupying three hundred or more workers.

2. In addition, the termination of employment contracts affecting the whole of the company's workforce shall be understood as collective redundancies, provided that the number of workers concerned is more than five, where the number of workers concerned is as a result of the total cessation of their business activity based on the same causes above.

Article 2. Competent labor authority.

1. In the field of the General Administration of the State and for the purposes of Article 51 of the recast of the Law of the Workers ' Statute, the authorization to extinguish the relations of work founded on economic, technical, Organizational, production, and force majeure, corresponds:

(a) In companies, whatever their template, provided that the measure does not affect more than two hundred workers, the provincial director of labor, social security and social affairs, within the scope of their province, without prejudice to the provisions of paragraph (c) of this Article.

(b) If the company has several work centers affected by the file in different provinces and located in an Autonomous Community where there has been no transfer of functions and services from the State to the same in (a) the subject of employment regulation or, in any event, where the authorization concerns the work centres or workers located in two or more Autonomous Communities, the Directorate-General for Work of the Ministry of Labour and Security shall be known to the Social security, with the exception of a delegation of the provincial directors of labour, social security and Social affairs responsible for the territory.

c) Where the decision to be taken may affect more than two hundred workers or the measure is of particular social significance, the Directorate-General for Labour of the Ministry of Labour and Social Security may collect the competence to process and resolve the procedure.

2. In the case of the Autonomous Communities which have received the transfer of the State's services in the field of employment regulation, it shall be given the consideration of the competent labour authority for the resolution of those proceedings, the body which determine the respective Autonomous Community.

Article 3. Interested.

For the purposes of this Regulation and in accordance with Article 51.4 of the recast text of the Law of the Workers ' Statute, they will, in any case, have the status of an interested party, the company and the workers through their respective legal representatives. Article 4. Legitimization.

They will be legitimized to intervene in the employment regulation procedure, the subjects mentioned in the previous article. If there is no collective representation of the workers in the centre or centres of work, they may be involved in the processing of the procedure, and if their number is equal to or greater than 10, they shall designate up to a maximum of five representatives, with whom the employment authority will understand the successive actions.

CHAPTER II

Employment regulation procedure founded on economic, technical, organizational or production causes

SECTION 1. PROCEDURE INITIATION

Article 5. Form of initiation.

The procedure for regulating employment shall be initiated by application from the employer to the competent labour authority, acting simultaneously by written communication, at the opening of a period of consultation with representatives of workers in accordance with the terms of Article 3 of this Regulation, without prejudice to the provisions of Article 7.

Article 6. Initiation.

1. The initiation request will be formalized with the following minimum content:

(a) Explanatory notes to the causes or reasons of the project of collective dismissal, accompanying to these effects all the documentation that at their right, and in particular, if the cause adduced by the company is of an economic nature, the duly audited documentation of the state and evolution of its economic, financial and patrimonial situation in the last three years, and whether technical, organizational or production, plans, projects and technical reports justification of the cause or causes alleged as motivating the dismissal, measures to be taken and their expectations of impact on the future viability of the company.

(b) Number and categories of workers habitually employed in the last year, as well as workers who are to be affected, criteria taken into account to designate the workers to be affected and period during which the extinctions of the employment contracts are to be carried out.

(c) In companies of fifty or more employees, a social accompanying plan which provides for measures taken or planned by the company in order to prevent or reduce the effects of collective redundancies, as well as to mitigate their In the case of workers who are ultimately affected, such as, among other things, those which are particularly aimed at retraining or reconversion of workers and their possible integration into other jobs within the the company or group of companies, as well as those that favour the maintenance of jobs of the indefinite nature or the redistribution of the working day between employees employed and others of the same nature.

(d) Written application of the report referred to in Article 64.1.4., (a) and (b), of the recast of the Law of the Workers ' Statute, to the legal representatives of the workers.

2. For the purposes of Article 51.3 of the recast text of the Staff Regulations, if the application for the initiation of the employment regulation file for economic, technical, organisational or production reasons does not meet the requirements laid down, the labor authority, within ten days, will address the petitioner to remedy the defect observed in the end of another ten days, with the warning that, if it does not do so, it will be given by desictide of its request, with file of the proceedings, after which they shall begin to take into account the time limits referred to in the Article 51.4 of the aforementioned law. A copy of the healing that takes effect will have to be sent in the same period to the legal representation of the workers.

Article 7. Initiation by workers.

The workers, through their representatives, may also apply for the initiation of the employment regulation procedure, if it is reasonably presumed that the employer's failure to initiate the procedure may cause them to damages of impossible or difficult repair. In this case, it is only necessary to accompany the explanatory memorandum of the reasons for the initiation of the procedure and the tests that are deemed appropriate to prove the damages referred to above and, where appropriate, the communication made to the employer, and the defence and documentation which he has transferred to them. The employment authority may, at any time in the proceedings, obtain from both parties the documentation it deems necessary for the purpose of the decision.

Article 8. Period of queries.

1. The period of consultations between the parties concerned shall be of no less than 30 calendar days or 15 days in the case of undertakings of less than 50 employees. That period may be terminated, whichever is the time, in the case referred to in Article 11 of this Regulation. During this period the parties will have to negotiate in good faith on the reasons behind the dossier and the possibility of avoiding or reducing their effects by providing as many solutions as possible to mitigate the consequences for the affected workers and enable business project continuity and feasibility.

2. The consultations carried out with the workers ' representations and the position of the parties involved in the consultations shall be reflected in one or more minutes and, in any case, in a comprehensive final act of the content of the negotiations held, with sufficient review of the documentation and reports that would have been examined.

3. At the end of the consultation period, the employer shall inform the competent labour authority of the outcome of the consultation, accompanied by the minutes or minutes referred to in the preceding paragraph and, where appropriate, the report referred to in Article 6.1.d. of this Regulation.

SECTION 2. PROCEDURE ORDERING

Article 9. Instruction.

1. Upon receipt of the notification of initiation of the procedure, the labour authority shall, together with the documents in its possession, transfer the procedure to the managing body of the unemployment benefit for the purposes of the possible issuance of the report. It shall also obtain, as a mandatory requirement, a report from the Labour and Social Security Inspectorate, within the maximum period of 10 calendar days, in those undertakings with 50 or more employees or five, otherwise.

2. The content of the report of the Labour and Social Security Inspectorate must, in any case, be sympathetic to the motivating causes of the employment regulation file in the terms laid down in Article 51.1 of the recast text of the Law of Workers ' Statute, and how many other extremes are necessary to fundamentally resolve, should be evacuated within ten days of the request, and act in the hands of the labour authority before the end of the period of consultations, at which point the file will be incorporated.

The labor authority may also request how many other reports it deems necessary, based on the convenience of claiming them.

In the requests for reports, the end or ends of the requests will be specified, and must be issued within ten days, unless the remainder of the time limits of the procedure permits or requires another. longer or shorter term.

3. If, during the processing of the file, the labour authority is aware that measures are being taken by the employer which could render the result of any pronouncement ineffective, the employer may obtain the the competent authorities shall immediately stop them.

Article 10. Hearing.

Within three days, after the end of the period of consultation, the labour authority shall give the parties a hearing of the case, if they appear in the proceedings and may be taken into account. in the resolution other facts, allegations and evidence other than those alleged in the terms of Article 84.4 of the Law on the Legal Regime of Public Administrations and the Common Administrative Procedure.

SECTION 3. FINISH OF PROCEDURE

Article 11. Agreement in the query period.

1. As provided for in Article 51.4 of the recast text of the Law on Workers ' Statute, the competent labour authority shall issue a decision within 15 calendar days, authorizing the undertaking to issue a decision. to proceed with the extinction of labor relations.

By way of derogation from the preceding paragraph, if the labour authority appreciates, on its own initiative or at the request of an interested party, the existence of fraud, intent, coercion or abuse of law at the conclusion of the agreement, it shall forward it, with suspension of the time limit for issuing a decision, to the judicial authority, for the purposes of its possible declaration of invalidity. Similarly, it will act when, on its own initiative or at the request of the managing body of the unemployment benefit, it considers that the agreement may have as its object the improper obtaining of the benefits by the workers concerned, by lack of the motivating cause of the legal situation of unemployment.

2. If the time limit for resolution has elapsed, no express statement shall be made, the extinguishing measure shall be deemed to be authorised in the terms referred to in the agreement.

Article 12. Disagreement in the query period.

When the period of consultations is concluded without agreement, the labour authority shall dictate or dismiss, in whole or in part, the business application. Such a decision shall, in any event, be reasoned and consistent with the application deducted.

The time limit for resolution shall be 15 calendar days from the communication to the working authority of the conclusion of the consultation period; if the time limit has not been expressed, it shall be understood authorised the late measure proposed in the application, subject to compliance with the provisions of Article 44 of the Law on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Article 13. Declaration of origin of the procedure.

If the examination of the complete application, and in its case the processing of the remedy referred to in Article 6 (2) of this Regulation, is carried out, the application does not meet the requirements laid down in the 51.1 of the recast text of the Law of the Workers ' Statute, the labour authority shall declare its origin.

Against a decision declaring the improvenance of the application for collective dismissal, ordinary appeal may be brought before the hierarchical superior of the body which issued them, dealing exclusively with the inadmissibility or not of the procedure followed.

Article 14. Compensation.

1. The employer, at the same time as the adoption of the late decision authorizing the administrative decision, must pay the workers concerned the compensation provided for in Article 51.8 of the recast of the Law of Staff Regulations, except that, by virtue of an individual or collective agreement, a higher amount has been fixed.

2. In the event that the employer does not pay the said compensation or there is disconformity with regard to the amount of the compensation, the worker may, in accordance with the provisions of Article 4.2.g of the Staff Regulations, sue the Court of the Social competent to pay the same or, where appropriate, the payment of the differences which in his judgment may exist, by means of action the exercise of which shall follow the rules of the ordinary working process, and in which the statements of fact of the judgment the administrative authority shall have a presumption of certainty, unless otherwise tested.

Article 15. Enforceability.

The administrative resolutions expressed in the employment regulation procedure are presumed to be valid and will produce effects from the date on which they are issued unless otherwise provided.

The termination of the resolution, without any express resolution, will be deferred to the enforcement of the provisions of Article 44 of Law 30/1992, of November 26.

Article 16. Resources.

1. Decisions of the administrative procedures for the regulation of employment may be brought by the persons concerned for an ordinary appeal within one month before the hierarchical superior body of which they have issued them.

2. The procedure for the appeal procedure shall be as set out in Section II of Chapter II of Title VII of the Law on the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Administrative resource resolutions will be subject to impeachment in the face of litigation-administrative jurisdiction.

CHAPTER III

Extinction and suspension of work relationships by force majeure

Article 17.

The existence of force majeure, as a motivating cause for the extinction and suspension of work contracts, must be verified by the labor authority, whatever the number of workers affected, prior to the procedure. processed in accordance with the provisions of this Chapter.

Article 18. Initiation.

The procedure shall be initiated by application of the undertaking, accompanied by the means of proof it deems necessary, and simultaneous communication to the legal representatives of the workers.

Article 19. Instruction and resolution.

The competent labour authority shall take all actions and request any reports it deems essential, giving resolution within five days of the date of entry of the application.

In the event that they appear in the proceedings and may be taken into account in the resolution other facts, allegations and evidence other than those provided by the company in its application, the legal representatives of the workers the appropriate processing of the hearing, which must be completed within one day.

The resolution will have effects from the date of the causative event.

Against the resolution of the labour authority, ordinary appeal may be brought under the terms provided for in Article 16 of this Regulation.

CHAPTER IV

Suspension of working relationships by economic, technical, organizational or production causes

Article 20.

The procedure for applying for authorization to suspend work contracts, under economic, technical, organizational or production causes as set out in Article 47.1 of the recast of the Law on the Statute of the Workers shall be the workers laid down in Article 51 of that rule and in Chapter II of this Regulation, except as regards compensation with the following specialties:

(a) The duration of the consultation period shall be, in any case, 15 calendar days.

(b) The supporting documentation of the concurrence of the alleged cause will necessarily require the accreditation that this is an economic situation of the company.

CHAPTER V

Extinction of working relationships by disappearance of the legal personality of the contractor

Article 21. Extinction of the legal personality of the contractor.

As provided for in Article 49.1 (g) of the recast text of the Staff Regulations, the extinction of working relations by extinction of the legal personality of the contractor shall be governed by the established procedure. in this Regulation.

TITLE II

The procedure for administrative action in the field of collective transfers

Article 22. Object.

It is the subject of this Title to regulate the procedure referred to in Article 40 (2) of the recast of the Law of the Workers ' Statute, under which the labour authority, decided on a collective movement of workers, in view of the positions of the parties and taking into account the economic and social consequences of the measure, may order the extension of the time limit for the incorporation of workers to the new job and the consequent cessation of the shipment for a period of not more than six months.

Article 23. Competent labour authority.

It shall be the competent labour authority for the purposes of this procedure as determined in accordance with Article 2 of this Regulation. In the case referred to in paragraph 1 (a) of the specified article, the labour authority shall be that corresponding to the address of the centre of work concerned.

Article 24. Initiation.

The procedure shall be initiated at the request of an interested party, determined in accordance with Articles 3 and 4 of this Regulation, addressed to the competent labour authority in the period of three days. following the notification of the business decision to transfer, following the termination without agreement of the 15-day period established for consultations referred to in Article 40 (2) of the recast of the Law on the Statute of the Workers.

The application shall clearly and accurately express the grounds on which the request is based and shall contain, in particular, the exposure of the negative economic or social effects which, in the opinion of the applicant, would be derived the execution of the transfer decision within the legally established time limit.

Article 25. Procedure instruction.

Initiated the procedure, the labor authority will require the parties within three days for the contribution, within five days, of how many allegations they deem appropriate.

Likewise, and within the same time limits of the previous paragraph, seek mandatory reporting from the Labor and Social Security Inspectorate, and how many others it deems necessary to settle the matter.

Article 26. Resolution.

Received the arguments of the parties and the reports requested, or after the term established for it, the labor authority will dictate resolution in the imextendable five-day period, which will end the administrative.

In the event that they appear in the proceedings and may be taken into account in the resolution other facts, allegations and evidence other than those provided by the parties, the appropriate hearing shall be given, which shall be be completed within one day.

The resolution shall decide on the existence or absence of economic or social consequences justifying the extension of the time limit for transposition and shall determine, where appropriate, the duration of such extension, within the limit maximum of six months.

In no case shall the judgment of the employment authority be the subject of the decision on the reasons for the adoption of the business decision on the transfer or on its justification.

Elapsed time for the termination of the procedure without any express resolution may be deemed to be rejected prior to the application of the provisions of Article 44 of Law 30/1992.