The final decision in paragraph 2 of Law 3/2012 of 6 July, of urgent measures for the reform of the labour market, from the Royal Decree-Law 3/2012 of 10 February, of the same name, has given the Government the approval of a royal decree on the regulation of procedure of collective redundancies and suspension of contracts and reduction of working day that I developed the same, with special attention to the aspects relative to the period of consultations, the information to be provided to the employees ' representatives in the same, actions of the labour authority to ensure its effectiveness, as well as the plans for relocation and the social accompanying measures taken by the employer.

In compliance with that legal mandate and in line with the important changes that have been incorporated in both the collective extinction procedures of work contracts and the suspension of contracts and Reduction of working time due to economic, technical, organizational and production causes or due to force majeure, this royal decree has as main objectives the following:

First.

Adapting the procedures for collective redundancy and the suspension of contracts and the reduction of the day to the important innovations incorporated in the labor reform into the recast of the Law of the Workers ' Statute, adopted by Royal Decree of Law 1/1995 of 24 March, which transits from an administrative procedure in the strict sense aimed at obtaining an administrative authorization which conditioned the possibility of the adoption of measures of employment the employer, collective redundancies or suspensions of contracts or reduction of working hours, to another kind of procedure, essentially different and with different finality, which consists in the negotiation of a period of consultations between the company and the representatives of the employees in relation to the mentioned labour measures and in which the participation of the labour authority, even if it is maintained, is different from that set by the previous statutory regulation.

Second.

Ensure the effectiveness of the consultation period of the procedures, which is of first order importance in the new regulation once the prior administrative authorisation has been removed, although the effectiveness of the period It is a question of the need to speed up and speed up the procedures demanded by companies. To this end, the new role of the labour authority and its monitoring and control functions are regulated in order to meet the objectives of the consultation period, but also to help the parties to seek solutions to the problems. derived from the labour measures to be taken.

Third.

Set the information to be provided to employees ' representatives by the company as a means to ensure adequate knowledge of the employees on the causes of the procedure and to enable them to appropriate participation in your solution.

Fourth.

Regulate the plan for the external recolocation of collective redundancy procedures as the legal and indeclinable obligation of the employer, giving the same effectiveness and ensuring its compliance as an indispensable measure for allow rapid and appropriate transitions between jobs and to keep workers on the labour market as long as possible, avoiding their undue expulsion from the labour market.

Fifth.

Establish the peculiarities of the dismissal procedure in the public sector and specifically in the field of Public Administrations, in accordance with the provisions of the additional 20th of the Statute of the Workers.

The regulation approved by this royal decree repeals its precedent approved by Royal Decree 801/2011 of 10 June. However, in order to give continuity and consistency to the legal practice and experience of companies, it seeks to collect as much as the previous one continues to be valid and compatible with the new regulation of dismissal procedures. collective and suspension of contracts and reduction of working hours.

The rule is structured in three titles, the first one referring to the procedures for collective dismissal and suspension of contracts and reduction of working hours for economic, technical, organizational and production causes, and the second, which regulates these same procedures when they derive from force majeure. The main difference is that, while the procedures for force majeure are intended to obtain a statement from the labour authority which is consistent with the finding of the fact that it is a constituent body, they are, therefore, administrative procedures, the former do not pursue a response from an administrative authority, as was the case in the previous regulation, but above all establish the peculiarities of an essentially bipartite process, as drawn by the Council Directive 98 /59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to Member States which refer to collective redundancies, and in which the labour authority does not play a decision-making role, as was the case until the entry into force of Royal Decree-Law 3/2012 of 10 February.

Within the title l, Chapter I includes the collective dismissal procedure. The thresholds for workers affected are determined and the economic, technical, organisational or production causes which result in the application of the procedure laid down in the Regulation are defined in accordance with the provisions of the new Article 51.1. of the Workers ' Statute. The procedure itself is regulated, which has an initial phase, with the simultaneous communication of the company to the representatives of the workers and the labor authority on the intention to effect a collective dismissal and the documentation that must accompany the communication, in line with what has already been established by Royal Decree 801/2011.

Special mention deserves the development of the consultation period, true essence of the procedure. To ensure its effectiveness, the minimum number of meetings of that period, which varies according to the size of the company and the minimum and maximum intervals between meetings, is regulated. However, in order to speed up the procedure without prejudice to its confidence, it is stipulated that the period of consultation shall in any event be understood when an agreement is reached between the parties. Also detailed in a non-exhaustive way are possible social measures to accompany and regulate the plan of external relocation in compliance with the provisions of Article 51 of the Workers ' Statute, for when collective dismissal affects more than fifty workers. The plan must have a minimum content and ensure that the workers concerned, especially the older workers, are given continuous attention for a minimum of six months with a view to carrying out the relocation actions to which the plan is based. refers. The completion of the procedure is carried out by means of the communication of the business decision following the conclusion of the period of consultation of the employees ' representatives and the labour authority, at which time the employer may begin to notify the workers concerned of the redundancies, always respecting the minimum period of 30 days from the start of the collective dismissal and the priorities for the permanence of certain groups to which the rule.

This same chapter also alludes to the actions of the labour authority and the Labour and Social Security Inspectorate in the development of the period of consultations which include, not only warning or recommendation, but also of mediation or assistance that is appropriate to solve the problems posed by collective redundancy. Details of the content and scope of the report of the Labour and Social Security Inspectorate, which should be addressed on the extremes of business communication, but also on compliance with the consultation period and on the criteria In order to select the workers affected by the redundancies, it is necessary to verify that the company does not incur any prohibited discrimination, as well as the content and sufficiency of the plan for external relocation and for the measures accompanying social partners.

Chapter II refers to procedures for the suspension of contracts or reduction of working hours for economic, technical, organizational or production reasons, including the characteristic notes thereof and, finally, the Chapter III contains a series of rules common to both types of procedures, collective dismissal and suspension of contracts or reduction of working time in matters such as the determination of the competent authority for the carrying out the relevant functions in the field of the procedure, as well as the rules of (a) to intervene on behalf of the workers, the negotiating committee on the procedures and the arrangements for the adoption of agreements in the period of consultation of the proceedings. In these common aspects, the regulation adopted by this royal decree is a tax on its predecessor, thus guaranteeing a certain continuity in the legal practice already established during the time of its validity.

Title II contains the legal regime of the procedures for the extinction and suspension of working relations and reduction of working hours motivated by force majeure, which requires, as is customary in our law, a prior confirmation by the working authority of the event in which the force majeure consists. As stated above, in these cases, a real administrative procedure is set up to obtain a response from the administrative and judicial administrative authority liable for administrative and judicial challenges.

Title III is dedicated to the establishment of specific rules for the procedures for collective dismissal of labour personnel in the service of entities, bodies and entities that are part of the public sector, in accordance with the provisions of the additional 20th of the Staff Regulations. To this end, it is necessary to distinguish between those entities, bodies and entities that are part of the public sector, as they are related to in Article 3.1 of the Recast Text of the Law on Public Sector Contracts, approved by Royal Decree Regulation No 3/2011 of 14 November, depending on whether or not they have the consideration of Public Administrations as referred to in Article 3.2 of that Legal Text: For those who have such a consideration, rules are laid down specific procedural provisions in Chapter II of that Title in the light of the particularities of the the determination of the causes of collective redundancies in public administrations in accordance with the provisions of the said additional 20th of the Workers ' Statute. For those entities, bodies and entities that are part of the public sector but do not have the characterization of Public Administrations in the indicated sense, the general rules set out in Title I shall apply, the definition of the causes of the redundancies as in the case of the applicable procedure.

The provisions of the final part to be highlighted are those relating to the specialties applicable to collective redundancy procedures in companies with benefits affecting workers of fifty or more years, in order to determination of the financial contribution referred to in the additional sixteenth provision of Law 27/2011 of 1 August on the updating, adequacy and modernisation of the social security system, to which the Law has also been redrafted 3/2012, dated July 6.

Prior to the approval of this royal decree, the most representative business and trade union organizations have been consulted. The Autonomous Communities have also been consulted.

In its virtue, on the joint proposal of the Minister of Employment and Social Security and the Minister of Finance and Public Administrations, according to the Council of State and after deliberation of the Council of Ministers at its meeting on October 26, 2012,

DISPONGO:

Single item. Adoption of the Regulation.

The Rules of Procedure for collective dismissal and suspension of contracts and reduction of working hours, the text of which is included below, are 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, and the final decision of Law 3/2012 of 6 July of 6 July on urgent measures for the reform of the labour market.

Additional disposition first. Statistical information.

According to the regulations in force for the elaboration of the statistics on employment regulation, included in the National Statistical Plan, the labor authorities with competence in the field of procedures (a) the individual statistical data for each of the procedures for collective redundancy and suspension of employment shall be sent to the General Statistics Subdirectorate of the Ministry of Employment and Social Security, contracts and the reduction of working hours dealt with by the same, with the content set out in the implementing and development provisions of this royal decree.

Additional provision second. Accreditation of legal unemployment situations.

For the purposes of completing the accreditation of the legal status of unemployment, in accordance with the additional sixty-third provision of the Recast Text of the General Law of Social Security, approved by the Royal Decree Legislative 1/1994, of 20 June, the employment authority shall communicate to the managing body of the unemployment benefits, the decision of the employer adopted pursuant to Articles 51 or 47 of the Staff Regulations, in the the date on which the employer has communicated his decision to the employment authority, the the legal situation of unemployment, the workers concerned, if the unemployment is total or partial, and in the first case it is temporary or permanent. If it is temporary, the time limit for the suspension or reduction of the working day must be specified, and if it is partial, the number of hours of reduction and the percentage that this reduction represents in relation to the daily working day shall be indicated. ordinary work.

The information provided for in the preceding paragraph shall be accompanied by the report evacuated by the Labour and Social Security Inspectorate provided for in Article 11 of the Regulation.

Single transient arrangement. Procedures initiated.

1. To the procedures included in the scope of the Regulation which is approved by this royal decree initiated prior to its entry into force, but after 12 February 2012, the regulations will apply to them. at the time of its start.

2. In accordance with the provisions of paragraph 1 of the transitional provision of Law 3/2012 of 6 July 2012 on urgent measures for the reform of the labour market, the dossiers for the regulation of employment for the extinction or suspension of the labour market Contracts of employment, or for the reduction of working hours, which are being processed on 12 February 2012 shall be governed by the rules in force at the time of their commencement.

3. In accordance with the provisions of paragraph 2 of the transitional provision in paragraph 10 of that Law 3/2012 of 6 July 2012, the dossiers for the regulation of employment for the extinction or suspension of employment contracts or for the reduction of the the working authority, which has been resolved by the labour authority and will be implemented by 12 February 2012, will be governed by the rules in force when the decision on the file was issued.

Single repeal provision. Regulatory repeal.

1. Royal Decree 801/2011 of 10 June 2011 approving the Regulation on procedures for the regulation of employment and administrative action in respect of collective transfers is hereby repealed.

2. Order ESS/487/2012 of 8 March 2012 on transitional validity of certain articles of the Regulation of the procedures for the regulation of employment and administrative action in the field of collective transfers, approved by Real, is hereby repealed. Decree 801/2011 of 10 June.

3. Article 1 (1), (a), (3) and (4) of Royal Decree 625/1985 of 2 April 1985 on the development of Law 31/1984 of 2 August on unemployment protection are hereby repealed.

4. Likewise, all rules of equal or lower rank are repealed in what they contradict or oppose to the provisions of this royal decree.

Final disposition first. Constitutional foundation.

This royal decree is issued in accordance with the provisions of Article 149.1.7. of the Spanish Constitution, which attributes exclusive competence to the State in matters of labour law without prejudice to its execution by the organs of the of the Autonomous Communities.

The second additional provision, and the final provision of the Royal Decree of approval and the additional provision of the Regulation, which are issued pursuant to Article 149.1.17, are exempted from the foregoing. the State of competition in the field of the economic system of social security.

Also, Articles 41, 43, 47 and 48 of the Regulation, which are issued under Article 149.1.18, are exempted, which gives the State the basis of the legal system of public administrations.

Final disposition second. Amendment of Royal Decree 625/1985 of 2 April 1985 implementing Law 31/1984 of 2 August on unemployment protection.

One. Article 22 of Royal Decree 625/1985, of 2 April, is worded as follows:

" Article 22. Specific rules for the processing of the unemployment benefit applicable to the procedures for collective redundancies, the suspension of work contracts and the reduction of working hours.

1. The company must inform the Management Entity of the unemployment benefits, through the electronic means established in the implementing and development provisions, and in advance of its effectiveness, the measures of collective redundancy adopted pursuant to Article 51 of the Staff Regulations, as well as the measures for the suspension of contracts or reduction of working hours adopted in accordance with Article 47 of the Staff Regulations.

The content of such communication shall include the following information, which may be completed in accordance with the provisions of the above development provisions:

(a) The territorial scope of collective redundancies, contract suspensions or day reductions.

(b) The company's name or social reason, tax identification number, social security contribution code and address of the affected centre (s).

c) The nominal ratio of the affected workers and their tax identification number.

(d) In the case of measures for the suspension of contracts or reduction of working hours, the communication shall specify the specific days in which each of the workers is to be affected by the measure of suspension of contracts. (a) contracts or reduction of working hours and, in the latter case, the working hours affected by the reduction, throughout the period of validity of the contract. Where changes in the data initially contained in the communication on the application of the said measures of suspension of contracts or reduction of working time occur, the company must communicate those variations with a prior to that occur.

The company will also accompany the communication of the business agreement sent to the labor authority. This document will also be transmitted through electronic means.

2. In the cases of collective dismissal, suspension of contracts or reduction of working hours due to force majeure of Articles 51.7 and 47.3 of the Staff Regulations, the decision of the employment authority shall include, inter alia, the following: data:

a) Company name or business name, center address or job centers and social security contribution account code.

b) Nominal ratio of the affected workers and tax identification numbers of the affected workers.

(c) Cause and character of the legal status of workers ' unemployment, including whether unemployment is total or partial and, in the first case, whether it is temporary or permanent. If it is temporary, the time limit laid down by the undertaking for the suspension shall be entered and, if it is partial, the number of hours in which the ordinary day is reduced shall be indicated.

The provisions of this paragraph shall be without prejudice to the business obligation to notify the details of the application of the measures for the suspension of contracts and the reduction of working hours in accordance with the terms set out in paragraph 1. precedent.

3. Irrespective of the provisions laid down in the preceding paragraphs, for the purposes of payment of unemployment benefits in cases of suspension of the contract of employment or reduction of the working time of Article 47 of the Staff Regulations, the The company must inform the Management Entity of the unemployment benefits on a monthly basis the periods of activity and inactivity of all workers affected by the suspension or reduction of working hours.

The maximum period for making the communication shall be the calendar month following the month to which the periods of inactivity relate.

However, the provisions of this paragraph shall not be required for undertakings which communicate in the terms of paragraph 1 the application of the measures for the suspension of contracts or the reduction of working hours on a continuous basis. uninterrupted for the entire duration of the same period.

4. In the case of suspension of the employment relationship of Article 47 of the Staff Regulations or by a judicial decision taken within a court of insolvency, where the period of suspension applies only to certain days For the month, for the purposes of payment and consumption of unemployment benefits, those working days shall be multiplied by the coefficient 1.25 in order to compute the proportional share of the weekly rest, unless the suspension affects five or six consecutive working days, in which case seven days of benefit shall be paid and consumed by unemployment. The coefficient shall be applied on the total of the working days of the month in which no service has been provided because of the suspension measure, including day 31.

In no case shall the sum of the days to be collected by the worker in terms of wages and unemployment benefits exceed 31 days per month.

When the period of suspension assumes the effective loss of occupation every working day of the month, for the purposes of payment and consumption of the benefit, 30 days shall be paid, irrespective of the calendar days of the month. "

Two. Article 13 (5) of Royal Decree 625/1985 of 2 April 1985 is hereby amended

follows:

" 5. The managing body may also admit to discontinuous fixed workers and those who have reduced their working day or suspended their employment relationship in accordance with Article 47 of the Staff Regulations, In the month in which they have different periods of activity and inactivity, as well as for those who habitually work for the same undertaking with successive temporary contracts within the month, the initial application, formulated within the 15 days following the legal situation of unemployment, the effects of the application for resumption by the periods of inactivity, in which case the undertaking shall communicate to the managing body each month the information referred to in the previous paragraph. '

Final disposition third. Amendment of the Rules of Procedure and the Functioning of the Labour and Social Security Inspectorate, approved by Royal Decree 138/2000 of 4 February.

A new paragraph 3.bis is added) to Article 33 of the Rules of Procedure and the Functioning of the Labour and Social Security Inspectorate, approved by Royal Decree 138/2000 of 4 February:

" 3.bis) In the case of collective redundancies, suspension of contracts and reduction of working hours affecting work centres of a company located in different Autonomous Communities, the mandatory report of the Inspectorate of Work and Social Security will be issued by the Special Directorate of the Labour and Social Security Inspectorate, who may obtain a report or any kind of collaboration from the territorial structures of the Inspectorate. By Resolution of the Central Authority of the Labour and Social Security Inspectorate, the necessary inspector or support staff may be assigned to the Territorial Directorate for the performance of the latter or other tasks which may also be required. unit and homogeneity of the inspection activities.

In the cases of collective redundancies, suspension of contracts and reduction of working hours affecting the work centers of a company located in different provinces within the same Autonomous Community, it will act only one Labour and Social Security Inspector, designated for this or other tasks which also require the identity of the criterion, by the Central Authority of the Labour and Social Security Inspectorate.

However, the Autonomous Communities which have received the transfer of functions and services in the field of the Public Service of the Inspectorate of Labour and Social Security shall have the capacity to designate the Labour inspector to whom the performance of the functions referred to in the preceding two paragraphs is concerned. "

Final disposition fourth. Regulatory enablement.

The Minister of Employment and Social Security is hereby authorized to make any provisions necessary for the application and development of the provisions of this royal decree, in particular for the determination of the form and the content of the statistical information and for the electronic processing of the employment regulation procedures referred to in the second provision of the Regulation which is approved by this royal decree.

Final disposition fifth. Entry into force.

This royal decree and the Regulation it approves shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid, on October 29, 2012.

JOHN CARLOS R.

The Vice President of the Government and Minister of the Presidency,

SORAYA SAENZ DE SANTAMARIA ANTON

REGULATION OF PROCEDURES FOR COLLECTIVE REDUNDANCY AND SUSPENSION OF CONTRACTS AND REDUCTION OF WORKING HOURS

TITLE I

Procedures for collective redundancy and suspension of contracts and reduction of working hours for economic, technical, organizational and production causes

CHAPTER I

The collective redundancy procedure

Section 1. Procedure Object

Article 1. The object of the procedure.

1. In accordance with the provisions of Article 51 of the Workers ' Statute, a recast text approved by the Royal Legislative Decree 1/1995 of March 24, the extinction of work contracts based on economic, technical and organizational causes or production, shall be carried out by means of the procedure laid down in this Regulation in cases where, within a period of 90 days, such extinction affects 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 that occupy more than three hundred workers.

For the purposes of the calculation of the company's template, all workers who provide services in the same day shall be included in the day in which the proceedings are initiated, whichever is the case. used.

For the purposes of calculating the number of contract extinctions referred to in this paragraph, account shall also be taken of any other produced in the reference period on the initiative of the employer under other reasons. they are inherent in the person of the worker other than those provided for in Article 49.1 (c) of the Staff Regulations, provided that their number is at least five.

2. For the purposes of paragraph 1, it is understood that economic reasons are present when the results of the company result in a negative economic situation, in cases such as the existence of current or planned losses, or the persistent decrease in your level of ordinary income or sales. In any case, the decrease is understood to be persistent if for three consecutive quarters the level of revenue or sales for each quarter is lower than that recorded in the same quarter of the previous year. It is understood that technical causes are present when changes occur, among others, in the field of means or instruments of production; organizational causes when changes occur, among others, in the field of systems and working methods. of personnel or in the way of organizing production; and productive causes when changes occur, among others, in the demand for the products or services that the company intends to place on the market.

3. This Regulation shall also apply to the termination of employment contracts which affect the whole of the company's workforce, provided that the number of workers concerned is more than five, where the number of workers concerned is the result of the total cessation of their business activity based on the same causes above.

Section 2. First Procedure Initiation

Article 2. Business communication.

The procedure for collective dismissal shall be initiated in writing, by means of the communication of the opening of the period of consultations directed by the employer to the legal representatives of the workers with the specified content in Article 3, to which the documentation provided for in Articles 4 and 5 shall be accompanied, in accordance with the case concerned.

Article 3. Documentation common to all collective redundancy procedures.

1. Whatever the alleged cause for collective redundancies, the start communication of the query period will contain the following extremes:

(a) The specification of the causes of collective redundancy, as set out in Article 1.

b) Number and professional classification of workers affected by dismissal.

When the collective redundancy procedure affects more than one job centre, this information must be broken down by the working centre and, where appropriate, province and Autonomous Community.

c) The number and professional classification of workers habitually employed in the last year. Where the collective dismissal procedure affects more than one work centre, this information shall be broken down by the working centre and, where appropriate, province and Autonomous Community.

d) Planned period for the completion of redundancies.

e) Criteria taken into account for the designation of workers affected by redundancies.

2. The communication must be accompanied by a explanatory memorandum on the causes of collective redundancies, as laid down in Articles 4 and 5, and the other aspects of this paragraph, as well as, where appropriate, the plan of external recolocation provided for in Article 9.

3. At the same time as the communication is delivered to the legal representatives of the employees, the employer shall request, in writing, the issue of the report referred to in Article 64.5 (a) and (b) of the Staff Regulations.

Article 4. Documentation on collective redundancies for economic reasons.

1. In collective redundancies for economic reasons, the documentation submitted by the employer shall include an explanatory memorandum showing, in the form set out in the following paragraphs, the results of the undertaking from which a negative economic situation.

2. For the purposes of accreditation of the results submitted by the undertaking, the employer may accompany all the documents which he or she agrees to, and in particular the annual accounts of the last two financial years, integrated by situation balance sheet, profit and loss accounts, changes in net worth, statement of cash flows, memory of the financial year and management report or, where appropriate, short and balance sheet and loss account; and State of changes in the net worth abbreviated, duly audited in the case of forced companies to carry out audits, as well as provisional accounts at the beginning of the procedure, signed by the administrators or representatives of the undertaking initiating the procedure. In the case of an undertaking not subject to the audit obligation of the accounts, a statement of the company's representation on the exemption from the audit shall be provided.

3. Where the alleged negative economic situation consists of a loss forecast, the employer shall, in addition to providing the documentation referred to in the preceding paragraph, report the criteria used for his estimation. It shall also submit a technical report on the volume and the permanent or transitional nature of this loss forecast based on data obtained through the annual accounts, the data of the sector to which the undertaking belongs, market developments and the position of the company in the market or any other company that can credit this forecast.

4. Where the alleged negative economic situation consists of a persistent decrease in the level of income or sales, the employer shall, in addition to the documentation provided for in paragraph 2, the tax or accounting documentation accrediting the persistent decrease in the level of ordinary income or sales during, at least, the three consecutive quarters immediately preceding the date of the start of the collective redundancy procedure, as well as the Tax or accounting documentation of the ordinary income or sales recorded in the same quarters of the year immediately before.

5. Where the undertaking initiating the procedure is part of a group of undertakings, with the obligation to draw up consolidated accounts, the consolidated annual accounts and consolidated management report of the group's dominant company shall be accompanied audited, in the case of undertakings required to carry out audits, during the period referred to in paragraph 2, provided that there are debtor or creditor balances with the undertaking initiating the procedure. If there is no obligation to draw up consolidated accounts, in addition to the economic documentation of the undertaking initiating the procedure referred to above, those of the other undertakings of the group duly audited must be accompanied by the the case of undertakings which are obliged to carry out audits, provided that such undertakings have their registered office in Spain, have the same activity or belong to the same sector of activity and have debtors or creditors with the undertaking which starts the procedure.

Article 5. Documentation on collective redundancies for technical, organizational or production causes.

1. In collective redundancies for technical, organizational or production reasons, the documentation submitted by the employer shall include a explanatory memorandum of the technical, organizational or production reasons for the collective dismissal, which accredit, in the form indicated in the following paragraph, the concurrence of any of the causes noted.

2. The employer must provide the technical reports which, where appropriate, prove the concurrency of the technical causes, resulting from the changes, among others, in the means and instruments of production; the concurrency of the resulting organizational causes the changes, among others, in the field of systems and methods of work of the staff or in the way of organizing the production or the concurrency of the productive causes derived from the changes, among others, in the demand of the products and services that the company intends to place on the market.

Article 6. Communication of the initiation of the procedure to the employment authority.

1. The employer shall send the working authority simultaneously to the communication referred to the legal representatives of the employees, a copy of the document referred to in Article 2 and the documentation referred to in Article 3 and the Articles 4 and 5, depending on the reasons for the dismissal. In addition, it shall accompany copies of the written request for a report to the legal representatives of the workers referred to in Article 3.3.

2. It shall also forward information on the composition of the workers ' representation, as well as the negotiating committee on the collective dismissal procedure, specifying, in the case of several of the work centres concerned, whether or not the negotiation takes place at the global level or differentiated by job centers. It shall also send information on the work centres without unitary and written communication of communication referred to in Article 26.4 or, where appropriate, the minutes relating to the allocation of the representation to the committee referred to in that article.

3. Having received the communication of initiation of the collective redundancy procedure referred to in Article 2, the labour authority shall transfer the latter, including the documentation referred to in paragraph 1 and the information referred to in Article 2 (1). paragraph 2, to the managing body of unemployment benefits, as well as to the Labour and Social Security Inspectorate for the purposes of the issue of the report referred to in Article 11.

Where the collective dismissal procedure includes workers in respect of which the provisions of Article 51.9 of the Staff Regulations are to be applied, the employment authority shall refer the matter to the Security Administration. Social copy of the communication referred to in Article 2, including the common documentation referred to in Article 3.

4. If the communication of initiation of the collective dismissal procedure for economic, technical, organisational or production reasons does not meet the required requirements, the employment authority shall inform the employer thereof, specifying the same, and sending a copy of the letter to the workers ' representatives and to the Labour and Social Security Inspectorate.

If during the consultation period the Labour and Social Security Inspectorate finds that the business communication does not meet the required requirements, it shall inform the labour authority before the end of the consultation. which is applicable in accordance with the provisions of the preceding paragraph.

The warning of the employment authority referred to in this paragraph shall not result in the cessation or suspension of the procedure.

5. If the labour authority receiving the communication referred to in paragraph 1 does not have jurisdiction in accordance with Article 25, it shall transfer the latter to the competent labour authority, giving notice of this. at the same time as the employer and workers ' representatives.

Section 3. Query Period Development

Article 7. Period of queries.

1. The period of consultation shall be the subject of an agreement between the undertaking and the representatives of the employees. The consultation should cover at least the possibilities to avoid or reduce collective redundancies and to mitigate their consequences by using accompanying social measures, such as relocation measures or actions taken by the Member States. vocational training or retraining for the improvement of employability. To this end, workers ' representatives must be at their disposal from the beginning of the period of consultation of the mandatory documentation set out in Articles 3, 4 and 5 and the parties must negotiate in good faith.

2. At the opening of the consultation period, a schedule of meetings shall be set up to be held within that period, which shall respect the provisions of this Article, although the parties may otherwise agree on the number of meetings and intervals between the meetings. same.

3. Unless otherwise agreed, in accordance with the above paragraph, the first meeting of the consultation period shall be held within a period of not less than three days from the date of delivery of the communication referred to in Article 6.1.

4. In undertakings of less than 50 employees, the period of consultation shall be not more than 15 calendar days. Unless otherwise agreed, in accordance with paragraph 2, at least two meetings shall be held during the same period, separated by an interval not exceeding six calendar days, nor less than three calendar days.

5. In companies of 50 or more employees, the period of consultation shall be not more than 30 calendar days. Unless otherwise agreed, in accordance with paragraph 2, at least three meetings shall be held during the same period, separated by an interval not exceeding nine calendar days and not less than four calendar days.

6. By way of derogation from the above paragraphs, the period of consultation may be terminated in any case where the parties reach an agreement. Equally, the parties, by mutual agreement, may at any time end the period of consultation, in order to understand that it is not possible to reach an agreement, and must communicate it expressly to the employment authority.

7. Of all the meetings held during the consultation period, minutes will be drawn up, which will be signed by all attendees.

Article 8. Accompanying social measures.

1. For the purposes of paragraph 1 of the previous Article, measures to prevent or reduce collective redundancies may include, inter alia, the following:

(a) The internal recolocation of workers within the same undertaking or, where appropriate, in another of the group of undertakings of which it is a party.

(b) Functional mobility of workers, in accordance with Article 39 of the Workers ' Statute.

(c) Geographical mobility of workers, in accordance with Article 40 of the Staff Regulations.

(d) substantial changes in the working conditions of workers, in accordance with the provisions of Article 41 of the Staff Regulations.

e) The application of the working conditions provided for in the collective agreement applicable in accordance with Article 82.3 of the Staff Regulations.

f) Vocational training or retraining actions of workers who can contribute to the continuity of the business project.

g) Any other organizational, technical, or production measure aimed at reducing the number of workers affected.

2. Measures to mitigate the impact on the workers concerned may be considered, inter alia, as follows:

(a) The right of preferential reentry in the vacancies of the same or similar professional group that occur within the company within the time limit that is stipulated.

b) The external recolocation of workers through authorized recolocation companies. Without prejudice to the provisions of the following Article, where these measures are considered, the identification of the undertaking concerned must be included in the documentation of the procedure, in addition to the details and details of the proceedings. authorized recolocation to be carried out.

c) Vocational training or retraining actions for the improvement of the employability of workers.

(d) Promotion of self-employment as self-employed or in social economy enterprises, provided that they do not pursue the continuity of the labour supply of the workers concerned to the same undertaking by means of works contracts or similar contractual services or types which have at last the effect of circumvention of the law of the obligations arising out of the contract of employment.

e) Compensatory measures for expenditure arising from geographical mobility.

f) Compensatory measures for wage differences with new employment.

Article 9. External Recolocation Plan.

1. In accordance with Article 51 of the Staff Regulations, undertakings carrying out a collective dismissal of more than 50 employees shall in any event include in the documentation accompanying the communication at the beginning of the period of of the procedure, an external repositioning plan for workers affected by collective redundancy, through authorized recolocation companies.

2. The plan must ensure that workers affected by the collective redundancies, with particular extension and intensity at the age of the most, are given continuous attention for a minimum period of six months, with a view to the implementation of the measures to be taken. refer to the following sections.

3. The recovery plan submitted by the undertaking at the beginning of the procedure shall contain effective measures appropriate to its purpose in the following

:

(a) Intermediation consisting in contacting existing job offers in other companies with workers affected by collective redundancy.

(b) Professional guidance for the identification of the professional profile of workers for the coverage of jobs in the potential recipients of the relocation.

(c) Vocational training aimed at the training of workers for the performance of work activities in such enterprises.

d) For personalized attention to the advice of workers on all aspects related to their relocation, in particular with regard to the active search for employment by them.

4. The content of the recolocation plan may be specified or extended during the consultation period, but at the end of the consultation period its final wording should be submitted.

5. For the purposes of calculating the number of workers referred to in paragraph 1, account shall also be taken of workers whose employment contracts have been extinguished on the initiative of the undertaking or undertakings of the same group, on the basis of (a) the person of the worker other than those provided for in Article 49.1 (c) of the Workers ' Statute, provided that these contract extinctions have occurred within the 90 days immediately preceding the beginning of the collective redundancy.

Article 10. Actions of the labour authority.

1. The working authority shall ensure the effectiveness of the consultation period and may, where appropriate, forward warnings and recommendations to the parties, which shall in no case be brought to a standstill or suspension of the procedure. The labour authority shall transfer both parts of the written documents containing such warnings or recommendations, even if they are addressed to one of them in particular.

Workers ' representatives may at any stage of the procedure direct observations to the labour authority on the matters they consider appropriate. The employment authority may, in the light of these, act in accordance with the above paragraph.

The employer must respond in writing to the employment authority, before the end of the consultation period, on the warnings or recommendations made to him. From that letter the employer will copy the legal representatives of the workers.

2. The employment authority may, at the request of either party or on its own initiative, carry out assistance during the consultation period. In particular, it may address the proposed parts and recommendations on the accompanying social measures and, where appropriate, on the content and implementation of the external relocation plan, taking into account the economic situation of the company.

3. The labour authority may also, in order to seek solutions to the problems posed by collective redundancies, conduct mediation at the joint request of the parties.

The mediation and assistance actions referred to in this paragraph and the previous one may be carried out by the labour authority with the assistance and support of the Labour and Social Security Inspectorate.

Article 11. The report of the Labour and Social Security Inspectorate.

1. Having received the communication from the employer referred to in Article 12.1, the labour authority shall transfer the employer to the Labour and Social Security Inspectorate together with the documentation specified in paragraphs 2 and 3 of that Article, effects of the emission of the mandatory report.

2. The report shall be evacuated within a period of 15 days from the notification to the working authority of the end of the consultation period and shall be incorporated in the procedure. The report shall deal with the extremes of such communication and the development of the consultation period in accordance with the following paragraphs.

3. The report shall state that the documentation submitted by the employer in relation to the causes of the dismissal is in accordance with the requirements of Articles 4 and 5, depending on the particular cause alleged to be dismissed.

4. For the purposes of Article 51.6 of the Staff Regulations, the Labour and Social Security Inspectorate shall inform the Commission when it finds that fraud, wilful, coercion or abuse of the right in the conclusion of the agreement adopted in the period of consultations. In addition, if you consider that the agreement is intended to obtain undue unemployment benefits on the part of the employees, this will be stated in the report, in order to be assessed by the managing body for unemployment benefits.

5. The report shall confirm the inclusion of the other extremes referred to in Article 3 and, in particular, verify that the criteria used for the designation of workers affected by the dismissal are not discriminatory. grounds referred to in Article 17.1 of the Staff Regulations, without prejudice to the fulfilment of the priorities for staying within the undertaking referred to in Article 13 of the Regulation.

6. The report shall verify that the provisions of Article 7 have been complied with with regard to the period of consultations.

7. In addition, the Labour and Social Security Inspectorate must report on the content of the accompanying social measures which may have been laid down and, in particular, will verify that the companies required to do so have presented the external recolocation referred to in Article 9 and which complies with the requirements laid down in that Article.

Section 4. Completion of the procedure

Article 12. Communication of the collective redundancy business decision.

1. At the end of the consultation period, the employer shall inform the competent labour authority of the outcome of the consultation period. If an agreement has been reached, it shall be transferred to the working authority. In any event, it shall inform the representatives of the employees and the labour authority of the decision on the collective dismissal it carries out, updating, where appropriate, the extremes of the communication referred to in Article 3.1. The communication to be made shall be carried out at the latest within 15 days from the date of the last meeting held in the period of consultations.

2. The communication referred to in the preceding paragraph shall include the documentation relating to the accompanying social measures which have been agreed or offered by the undertaking and the plan for external relocation in the case of undertakings. required to be performed.

3. The company shall forward to the employment authority, in addition to the information referred to in the previous two paragraphs, the minutes of the meetings of the consultation period duly signed by all the assistants.

4. After the period referred to in paragraph 1 without the employer having communicated the collective dismissal decision referred to in that paragraph, the procedure for collective dismissal shall be terminated, which shall prevent the employer from taking part. proceed as referred to in Article 14, without prejudice, where appropriate, to the possibility of initiating a new procedure.

5. The employment authority shall transfer the business communication referred to in paragraph 1 to the managing body of the unemployment benefits and to the Social Security Administration where the collective redundancy procedure includes: workers in respect of which the provisions of Article 51.9 of the Staff Regulations are to be applied, in any event, stating the date on which the employer has referred the matter to him.

Article 13. Priority of staying in the company.

1. In accordance with Article 51.5 and 68,b of the Workers ' Statute and Article 10.3 of the Organic Law 11/1985 of 2 August of Freedom of Association, the legal representatives of workers will have priority to remain in office. in the company in respect of the other workers affected by the collective redundancy procedure.

2. Such a priority shall also favour workers belonging to other groups where this has been agreed in collective agreement or in the agreement reached during the period of consultations, such as workers with a burden of family, older than certain age or persons with disabilities.

3. The company must justify in the final collective redundancy decision referred to in Article 12, the affectation of workers with priority to remain in the company.

Article 14. Notification of redundancies.

1. Following the communication of the collective redundancy business decision referred to in Article 12, the employer may begin to notify the redundancies individually to the workers concerned, which shall be carried out on the terms and conditions laid down in Article 53.1 of the Staff Regulations.

2. In any event, at least 30 days must have elapsed between the date of the communication of the opening of the period of consultation to the labour authority referred to in Article 2 and the date of effect of the redundancies.

Article 15. Actions before social jurisdiction.

1. The challenge to the social jurisdiction of agreements and decisions in the field of collective redundancies shall be governed by the provisions of Law 36/2011 of 10 October, regulating the Social Jurisdiction.

2. In the event of a business failure to pay compensation due to the dismissal or if there is disagreement with regard to the amount of the compensation, the worker may, in accordance with Article 4.2.g of the Staff Regulations, to sue before the competent Social Court for payment of the same or, where appropriate, the payment of the differences which he or she may have in his judgment.

3. Furthermore, failure to comply with the obligation laid down in the plan for external relocation, as well as the accompanying social measures taken by the employer, may, in accordance with Article 4.2.g (g) of the Staff Regulations, give rise to the of the Workers, to the claim of their compliance by the workers to the social jurisdiction, without prejudice to the administrative responsibilities that come.

CHAPTER II

Suspension of the contract of work and reduction of working time for economic, technical, organizational or production causes

Article 16. Legal regime for the suspension of the contract of employment and the reduction of working hours for economic, technical, organizational or production reasons.

1. The employment contract may be suspended for the economic, technical, organisational or production reasons referred to in Article 47 of the Staff Regulations, in accordance with the procedure laid down in this Chapter where the activity that the worker was developing affects full, continuous or alternate days for at least one ordinary working day.

2. The working day may be reduced by the economic, technical, organisational or production causes referred to in Article 47 of the Staff Regulations in accordance with the procedure laid down in this Chapter. The reduction of the day shall mean the temporary reduction of between 10 and 70% of the working day on the basis of the daily, weekly, monthly or annual day.

3. The scope and duration of the measures for the suspension of contracts or the reduction of working hours shall be in line with the current situation.

4. The adoption of measures for the suspension of contracts or reduction of working hours shall not result in the right to compensation for the workers concerned.

5. During the suspension of work contracts or the reductions in working time, the development of training actions linked to the occupational activity of the affected workers, the aim of which is to increase polyvalence or to increase their employability.

Article 17. Procedure initiation.

1. The procedure shall be initiated in writing, by means of the communication of the opening of the period of consultations directed by the employer to the legal representatives of the workers with the content specified in the following paragraph and to which the documentation set out in the following Article must be accompanied, according to the alleged cause.

2. The communication of the opening of the consultation period shall contain the following:

a) The specification of the causes that motivate the suspension of contracts or the reduction of the day.

(b) The number and professional classification of workers affected by the measures for the suspension of contracts or reduction of working hours. Where the procedure concerns more than one working centre, this information shall be broken down by the working centre and, where appropriate, by the province and the Autonomous Community.

c) The number and professional classification of workers habitually employed in the last year. Where the procedure for the suspension of contracts or the reduction of working hours affects more than one working centre, this information shall be broken down by the centre of work and, where appropriate, by the province and the Autonomous Community.

d) Concrete and detailed arrangements for suspension of contracts or reduction of working hours.

(e) Criteria taken into account for the designation of workers affected by the measures for the suspension of contracts or reduction of working hours.

This communication must be accompanied by an explanatory note of the causes of the suspension of contracts or reduction of working hours and other aspects related to this paragraph.

3. At the same time as the communication is delivered to the legal representatives of the employees, the employer shall, in writing, request the issuing of the report referred to in Article 64.5 (a) and (b) of the Staff Regulations.

Article 18. Documentation.

1. The supporting documentation that must accompany the communication of the opening of the consultation period will be the necessary one to accredit the concurrency of the cause and that it is a conjunctural situation of the activity of the company.

2. Where the cause of the undertaking is economic, the documentation required shall be as set out in Article 4, with the following particularities:

(a) It shall be limited to that of the last full financial year, as well as to the provisional accounts of the current financial year for which the procedure is initiated.

(b) Where the adduced cause consists in the persistent decrease in the level of revenue or sales, the employer shall, in addition to the documentation provided for in point (a), provide the tax or accounting documentation accrediting the persistent decrease in the level of ordinary income or sales during, at least, the two consecutive quarters immediately preceding the date of the start of the contract suspension procedure or Reduction of working hours, as well as the tax documentation or evidence of income or sales recorded in the same quarters of the year immediately before.

3. Where technical, organizational or production causes are alleged by the undertaking, the documentation submitted by the employer shall include an explanatory memorandum to those causes which accredit the concurrency thereof, providing the technical reports appropriate in the terms referred to in Article 5.2.

Article 19. Communication of the initiation of the procedure to the employment authority.

1. The employer shall ensure that the employment authority is simultaneously delivered to the legal representatives of the employees, copies of the communication referred to in Article 17, as well as the documentation referred to in Article 18.

2. It shall also forward information on the composition of the workers ' representation, as well as the negotiating committee on the procedure for the suspension of contracts or the reduction of working hours, specifying, in the case of several (a) the work centres concerned, if the negotiation is carried out at the global level or differentiated by job centres. It shall also send information on the work centres without unitary and written communication of communication referred to in Article 26.4 or, where appropriate, minutes relating to the allocation of the representation to the committee referred to in that article.

3. Having received the communication of initiation of the procedure for the suspension of contracts or reduction of working time referred to in Article 17.1, the labour authority shall transfer the procedure, including the documentation referred to in paragraph 1 and the information referred to in paragraph 2, to the managing body of the unemployment benefits, as well as to the Labour and Social Security Inspectorate.

4. If the notice of initiation of the procedure for the suspension of contracts or reduction of working hours for economic, technical, organizational or production reasons does not meet the requirements, the employment authority shall inform the employer, sending a copy of the letter to the workers ' representatives and to the Labour and Social Security Inspectorate.

If during the consultation period the Labour and Social Security Inspectorate finds that the business communication does not meet the required requirements, it will transfer to the labour authority to proceed in accordance with the provisions of the the previous paragraph.

The warning of the employment authority referred to in the preceding paragraph shall not result in the cessation or suspension of the procedure.

5. If the labour authority receiving the communication referred to in paragraph 1 does not have jurisdiction in accordance with Article 25, it shall transfer the latter to the competent labour authority, giving notice of this. at the same time as the employer and workers ' representatives.

Article 20. Period of queries.

1. The period of consultations shall be the subject of an agreement between the undertaking and the representatives of the employees on the measures for the suspension of contracts or the reduction of working hours. To this end, workers ' representatives must be provided from the beginning of the period of consultation of the communication and mandatory documentation set out in Articles 17 and 18, and the parties must negotiate in good faith.

2. At the opening of the consultation period, a schedule of meetings shall be set up to be held within that period, which shall respect the provisions of this Article, although the parties may otherwise agree on the number of meetings and intervals between the meetings. same.

Unless otherwise agreed, as set out in the preceding paragraph, the first meeting shall be held within a period of not less than one day from the date of delivery of the communication referred to in Article 19.1.

3. The period of consultation shall be no longer than 15 days. Unless otherwise agreed, in accordance with paragraph 2, at least two meetings shall be held, separated by an interval of not more than seven days and not less than three days.

4. By way of derogation from the above paragraphs, the period of consultations may be terminated in any case where the parties reach an agreement.

5. From all meetings, minutes will be lifted, which will be signed by all attendees.

6. At the end of the consultation period, the employer shall inform the competent labour authority of the outcome of the consultation period. If an agreement has been reached, it shall be transferred to the working authority. In any event, it shall inform the representatives of the employees and the labour authority of its decision on the suspension of contracts or reduction of working time, updating, where appropriate, the extremes of the business communication referred to in the Article 17, within a maximum of 15 days from the date of the last meeting held in the consultation period, accompanying the minutes of the meetings held during the consultation period.

In any case, the communication should include the calendar with the specific days of suspension of contracts or reduction of individual working hours for each of the affected workers. In the event of reduction of the day, the percentage of temporary decrease, computed on the daily, weekly, monthly or annual basis, will be determined, the specific periods in which the reduction will be produced as well as the working hours. affected by it, for the entire duration of its term.

7. After the period referred to in the preceding paragraph without the employer having communicated the decision referred to in that paragraph, the termination of the procedure shall be terminated, which shall prevent the employer from proceeding in accordance with the referred to in Article 23, without prejudice, where appropriate, to the possibility of initiating a new procedure.

8. The employment authority shall transfer the business communication referred to in paragraph 6 to the managing body of the unemployment benefits, stating in any event the date on which the employer has referred to it.

Article 21. Actions of the labour authority.

1. The working authority shall ensure the effectiveness of the consultation period and may, where appropriate, send warnings and recommendations to the parties which shall in no case be suspended or suspended. The labour authority shall transfer both parts of the written documents containing such warnings or recommendations, even if they are addressed to one of them in particular.

The employer must respond in writing to the employment authority before the end of the period of consultation on the warnings or recommendations issued to it.

2. Workers ' representatives may at any stage of the procedure direct observations to the employment authority on the matters they consider appropriate. The employment authority may, in the light of these, act in accordance with the above paragraph.

Article 22. Report of the Labour and Social Security Inspectorate.

1. Having received the communication from the employer referred to in Article 20.6, the labour authority shall inform the Labour and Social Security Inspectorate of the end of the period of consultation, giving, where appropriate, the copy of the agreement. reached and, in any case, of the business decision on the suspension of contracts or reduction of the day.

2. The report shall be evacuated within a period of 15 days from the notification to the working authority of the end of the consultation period and shall be incorporated in the procedure. The report of the Labour and Social Security Inspectorate shall cover the extremes of the business communication referred to in Article 17.2 and the development of the consultation period and shall continue to draw up the criteria laid down in this Article. in Article 11.

Article 23. Notification of the measures of suspension or reduction of working time to the workers concerned.

Following the communication of the business decision referred to in Article 20.6, the employer may proceed to notify the workers concerned individually of the application of the measures for the suspension of contracts or reduction of the working time, which shall take effect from the date on which the employer has communicated the said business decision to the labour authority, unless a subsequent decision is taken.

Individual notification to each worker on the measures for the suspension of contracts or reduction of working time shall cover the specific days affected by those measures and, where appropriate, the working hours affected by the reduction. during the whole period of its term of validity.

Article 24. Actions before social jurisdiction.

The challenge to the social jurisdiction of the agreements and decisions regarding suspension of contracts and reduction of the day will be governed by the provisions of Law 36/2011, of October 10, regulatory of the jurisdiction social.

CHAPTER III

Provisions common to procedures for collective redundancy and suspension of contracts and reduction of working hours

Article 25. Competent labour authority.

1. In the field of the Autonomous Communities, where the procedure affects workers who carry out their activities or who are attached to workplaces located in their entirety within the territory of an Autonomous Community, they shall have the right to consideration of competent labour authority, the body to be determined by the respective Autonomous Community.

2. Within the scope of the General Administration of the State, it shall have the consideration of competent labour authority:

(a) The Employment and Social Security Directorate-General of the Ministry of Employment:

1. When the affected workers develop their activity or are assigned to work centers located in the territory of two or more Autonomous Communities, as well as when they provide services in Departments, bodies or entities covered by the General Administration of the State.

2. When the procedure affects companies or work centers related to extraordinary or aval credits agreed by the Government of the Nation; with companies belonging to the State Heritage and, in general, those that they have the status of state commercial companies in accordance with Law 47/2003 of 26 November, General Budget, or with Law 6/1997 of 14 April, of the Organization and the Functioning of the General Administration of the State, as well as with companies directly related to the National Defense or others whose production is declared of national strategic importance by law with a standard of law.

(b) The Delegation of the Government if the Autonomous Community is a one-province or the Subdelegation of the Government in the province, in the same cases referred to in paragraph (a), 2. of this paragraph, provided that the procedure affect work centres in the field of a province, without prejudice to the provisions of paragraph (d) of this paragraph.

(c) The Delegation of the Government in the cities of Ceuta or Melilla, respectively, when the workers affected by the procedure develop their activity or are assigned to work centres located in the cities of Ceuta or Melilla cities.

d) In accordance with the provisions of Article 14 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, where the procedures in the cases established in paragraphs (b) and (c) may affect more than two hundred workers or the measure is of particular social importance, the Directorate-General for Employment of the Ministry of Employment and Social Security shall be able to take up the task of carrying out the action which is entrusted to it by this Regulation.

3. Where the procedure affects workers who carry out their activities or are attached to work centres located in the territory of two or more Autonomous Communities, but not less than 85% of the workforce of the enterprise in the territorial area of an Autonomous Community and there are workers affected by it, it shall be for the competent labour authority of that Autonomous Community to carry out all the intervention measures in the procedure. In any event, the Directorate-General for Employment of the Ministry of Employment and Social Security shall be notified of the end of the consultation period, transferring the copy of the agreement reached in it, or in the event of termination of the agreement, the collective redundancy business decision.

4. In cases of procedures with centres affected in two or more Autonomous Communities, the competent labour authority to intervene in the procedure as provided for in this Article shall communicate that intervention to the labour authorities of the territories in which such centres are located.

5. In addition, in proceedings in undertakings whose staff exceeds five hundred workers, the employment authority of the competent Autonomous Community shall inform the Directorate-General for Employment of the Ministry of Employment and Security of the procedure. Social.

6. The provisions of this Article shall apply without prejudice to the provisions of the corresponding royal decrees on the transfer of functions and services of the State Administration to the Autonomous Communities in matters of employment.

Article 26. Discussion in the query period.

1. They shall be entitled to act as interlocutors before the management of the undertaking in the consultation procedure referred to in this Regulation by the legal representatives of the employees. Such intervention shall be the responsibility of the trade union sections where they so agree, provided that they have the majority representation on the works councils or among the staff delegates.

2. Where the undertaking has several work centres affected by the procedure, the Intercentres Committee or the body of a similar nature created by collective bargaining shall, if by this means, be given a priority. this function.

3. In the absence of legal representation of employees in the undertaking, workers may attribute their representation during the processing of the procedure to a commission designated in accordance with Article 41.4 of the Staff Regulations.

For these purposes, workers may choose to attribute their representation, for the negotiation of an agreement, to their choice:

(a) A commission of up to three members composed of employees of the company itself and elected by them democratically.

Without prejudice to the foregoing, the legal representatives of the employees of a working centre of the same company may assume to these effects and through the same system of designation the representation of the workers of the center that lacks legal representation.

(b) A commission of equal number of components, according to their representativeness, by the most representative and representative trade unions of the sector to which the undertaking belongs and which are entitled to form part of the the negotiating commission of the collective agreement of application to it.

4. In any of the cases referred to in paragraph 3, the appointment of the commission shall be made within five days of the start of the period of consultation, without the failure to designate the appointment of the commission. The company shall inform the employees of the possibility of such designation at the opening of the consultation period, if it had not done so before, indicating that the lack of designation shall not prevent the continuation of the procedure.

5. In the event that the negotiations are carried out with a commission whose members are appointed by the trade unions, the employer may attribute its representation to the business organisations in which it is integrated, which may be the same. more representative at the regional level, and irrespective of whether the organisation in which it is integrated is of a cross-sectoral or sectoral nature.

Article 27. Negotiating committee on procedures.

1. The negotiating committees for the procedures on behalf of the employees shall establish in their minutes of incorporation that they constitute a collegiate body as regards the formation of their will and the binding nature of their decisions.

2. Where the procedure concerns several work centres, it must be specified whether the negotiation is carried out globally for the whole of the enterprise's work centres or in a differentiated way by job centres.

Article 28. Arrangements for the adoption of agreements in the period of consultation of procedures.

1. Agreements in the period of consultations shall require the agreement of the majority of the members of the special negotiating body representing the majority of the workers of the centre or centres of work concerned.

Only collective agreement in the period of consultation shall be deemed to have been adopted by the legal representation of the workers or by the commission referred to in Article 26.3.

2. In the event that the special negotiating body is composed of representatives of several working parties, for the allocation of the majority to that committee for the purposes of the above paragraph, it shall apply whatever the committee decides. negotiating commission. In the absence of a decision in this respect, it shall be considered the percentage of representation that each of its members has, in each case.

3. If the procedure were to affect a number of work centres and as many negotiating committees as affected centres would have been formed, agreement was deemed to have been reached in the consultation period only in the workplace where there was voted in favour of the majority of the members of the negotiating committee for each centre.

4. The employer and the representation of the employees may, at any time during the period of consultation, agree to the replacement of the same by the mediation or arbitration procedures which are applicable in the field of the undertaking, (a) the rules governing agreements on the settlement of disputes between the State and the regional level.

In any case, the mediation or arbitration procedure must be developed within the maximum period of time established for consultation with the workers ' representatives.

Article 29. Archive of the performances by contest declaration.

In the event that the company was declared in a competitive position before the labour authority receives the communication of the collective redundancy business decision referred to in Article 12 or the suspension of contracts or reduction of the day referred to in Article 20.6, the work authority shall file the proceedings, giving the same to the Judge of the contest, in accordance with the provisions of Article 64.1 of Law 22/2003 of 9 July, Insolvency.

CHAPTER IV

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

Article 30. Extinction of the legal personality of the contractor.

As provided for in Article 49 (1) (g) of the Staff Regulations, the termination of employment relations by termination of the legal personality of the contraaing shall be governed by the procedure laid down in Chapter I of the Title I of this Regulation, including provisions on accompanying social measures and the external relocation plan.

TITLE II

Extinction and suspension of work relationships and reduction of day by force majeure

Article 31. Procedures for regulating employment by force majeure.

The existence of force majeure, as a motivating cause for the extinction and suspension of work contracts or the reduction of working hours, must be verified by the labor authority, whatever the number of workers. subject to the procedure dealt with in accordance with the provisions of this Title.

The competent labour authority shall be determined in accordance with Article 25.

Article 32. Initiation.

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

Article 33. Instruction and resolution.

1. The competent labour authority shall obtain, in a mandatory form, a report from the Labour and Social Security Inspectorate and shall carry out or request any other action or report which it considers essential, giving a decision within the maximum period of time. five days from the date of entry of the application into the register of the competent body for processing.

2. In the event that they appear in the proceedings and may be taken into account in the judgment, other facts, allegations and evidence other than those provided by the undertaking in its application shall be given to the company and to the legal representatives of the employees. the appropriate hearing procedure, which must be completed within one day.

3. The decision of the employment authority must be limited, where appropriate, to the existence of the force majeure alleged by the undertaking, corresponding to the decision on the termination of contracts or the application of suspension measures contracts or reduction of working time, which shall have effect from the date of the event causing the force majeure. The company must transfer the decision to the employees ' representatives and to the labour authority.

4. In the event that the procedure has been instructed, the existence of the alleged force majeure has not been established, the appropriate procedure for collective dismissal or suspension of contracts or reduction of working hours may be initiated, according to the established in Title I.

5. Without prejudice to the above paragraph, the decision of the employment authority which has not established the existence of force majeure by the undertaking may be challenged by the employer in the case of social jurisdiction.

6. Workers may challenge the business decision on the termination of contracts or the measures for the suspension of contracts or reduction of working time in the terms laid down in Articles 15 and 24.

TITLE III

Specific rules on procedures for the collective dismissal of labour personnel in the service of entities, bodies and entities that are part of the public sector

CHAPTER I

Applicable Regulations

Article 34. Regulations applicable to procedures for collective dismissal for economic, technical, organizational or production causes in the public sector.

1. The collective redundancy procedures referred to in the additional 20th provision of the Staff Regulations shall be governed by the rules contained in this Title.

2. These procedures will be developed in the framework of the preventive and corrective mechanisms regulated in the rules of budgetary stability and financial sustainability of the Public Administrations.

3. In the cases of collective dismissal of the labor personnel at the service of the entities, agencies and entities that, as part of the public sector in accordance with article 3.1 of the recast text of the Law of Public Sector Contracts, approved by the Real Legislative Decree 3/2011 of 14 November, do not have the consideration of Public Administrations in the terms set out in Article 3.2 of this standard, it will be understood that the economic, technical, organizational or production in the same cases as described in Article 1 (2) of this Regulation. In addition, the procedure for collective redundancies in the cases referred to in this paragraph shall be the content of Title I.

In the procedures referred to in this paragraph, and as regards the documentation referred to in Article 3.1 of this Regulation, the entities, bodies and entities referred to in the preceding paragraph shall indicate, in addition, the relationship of the causes of the dismissal with the principles contained in the Organic Law 2/2012, of 27 April, of budgetary stability and financial sustainability, with the measures or mechanisms foreseen in it or with the objectives of budgetary stability to which this rule refers.

4. As far as this Title is not concerned, and as soon as it is not opposed, contradicted or incompatible with it, the general procedure referred to in Title I shall apply.

CHAPTER II

Collective Dismissal Procedure applicable in the Public Administrations referred to in the second paragraph of the 20th Additional Provision of the Workers ' Statute

Section 1. Procedure Object

Article 35. The object of the procedure.

1. In accordance with the provisions of Article 51 of the Staff Regulations, the termination of employment contracts for workers in the service of the entities, bodies and entities referred to in Article 3.2 of the recast of the Law of Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, founded on economic, technical or organizational causes, will be carried out by means of the procedure laid down in this Chapter in the cases in which, in a period of 90 days such extinction affects at least:

(a) Ten workers, in the Ministerial Department, in the entity or body under the General Administration of the State or linked to it, in the Department of the Autonomous Communities or in the body which they determine, in the entities or bodies which are or are linked to them, as well as in the entities of the Local Administration and in the entities or bodies dependent on them, which occupy less than one hundred workers.

(b) 10 per 100 of the number of employees of the same, in that Ministerial Department, entity or agency dependent on or linked to the General Administration of the State, in the Department of the Autonomous Communities or in the body which they determine, in the entities or bodies which are dependent or linked to them, as well as in the entities of the Local Administration and in the entities or bodies dependent on them, which occupy between 100 and three hundred workers.

(c) Thirty workers in the Ministerial Department, in the entity or body under the General Administration of the State or linked to it, in the Department of the Autonomous Communities or in the body that they determine, in the entities or bodies dependent or linked to them, as well as in the entities of the Local Administration and in the entities or bodies dependent on them that occupy more than three hundred workers.

2. For the purposes of calculating the number of workers referred to in this Article, the total of the employed persons employed in the field concerned shall be included in the Staff Regulations or Regulations laid down in their development.

3. For the purposes of the causes of these layoffs in the Public Administrations, understanding as such, to the entities, agencies and entities referred to in Article 3.2 of the recast text of the Law of Public Sector Contracts, approved by the Royal Legislative Decree 3/2011 of 14 November, it will be understood that economic causes are present when there is a situation of excessive and persistent budgetary insufficiency for the financing of the public services corresponding. In any event, budgetary insufficiency shall be understood to be persistent if it occurs for three consecutive quarters. Technical reasons shall be understood when changes occur, inter alia, in the field of the means or instruments of the provision of the public service concerned and organisational causes, where changes occur, inter alia, in the the scope of the systems and working methods of the staff assigned to the public service.

For the purposes of determining the existence of economic causes, for the subjects referred to in Article 3.2 of the Recast Text of the Law on Public Sector Contracts, there is a lack of When the following circumstances are present:

(a) That in the previous financial year the Public Administration in which the Department, body, entity, body or entity is integrated would have presented a budget deficit situation, and

(b) That the Department's appropriations or transfers, which are capital contributions to the body, entity, body or entity, or its appropriations, have been mined by 5% in the current year or by 7% in the two previous exercises.

For these purposes, account shall be taken of both the minorations made in the initial budget and, in respect of the current financial year, those carried out at the budgetary implementation stage.

Article 36. Scope of the procedure.

The scope of the procedure shall be that of the Ministerial Department, the entity, the Agency or entity under the General Administration of the State, and, in the case of the Autonomous Communities, by the Council or body which they determine or by the entity or body attached to or dependent on them.

In the case of the Local Administration, the scope of the procedure shall be that of the local authority or entities, or bodies or entities linked or dependent on it.

Section 2. First Procedure Initiation

Article 37. Start communication.

The collective dismissal procedure shall be initiated in writing by means of the communication of the opening of the period of consultation conducted by the Department, Department, Local Entity, Body or Entity concerned, to the legal representatives of workers in the relevant field, as well as the labour authority and the body responsible for public service in the terms set out in Articles 42 and 43 respectively. The documents provided for in Articles 38, 39 or 40 shall be accompanied, in accordance with the case, to that letter.

Article 38. Documentation common to all collective redundancy procedures.

Whatever the alleged cause for collective redundancies, the communication of initiation of the consultation period shall contain, in addition to the documentation specified in Article 3, the following information:

(a) Explanatory note to the causes of the dismissal and its relation to the principles contained in the Organic Law 2/2012 of 27 April, of budgetary stability and financial sustainability, with the measures or mechanisms envisaged in the same or with the objectives of budgetary stability to which it refers.

(b) Criteria taken into account in relation to the establishment of the priority for the permanence of the fixed workforce which would have acquired this condition in accordance with the principles of equality, merit and capacity through a selective entry procedure called into effect.

Article 39. Documentation on collective redundancies for economic reasons.

In collective redundancies for economic reasons, the relevant Public Administrations must provide the following supporting documentation:

1. An explanatory memorandum of the economic causes that accredit the situation of excessive and persistent budgetary insufficiency for the financing of the corresponding public services.

2. The budgets of the last two financial years, where the expenditure on staff and, where appropriate, changes in the budget appropriations are recorded.

3. Certification of the person responsible for the budget office or accounting officer where the cause of budgetary insufficiency is recorded as provided for in Article 35.

4. Workforce of the Department, Department, Local Entity, Body or Entity concerned.

5. The Human Resources Management Plan, if it has been dealt with.

6. Any other documentation that justifies the need for the extinguishing measure.

Article 40. Documentation on collective redundancies for technical or organizational reasons.

In collective redundancies for technical or organizational reasons, the corresponding Public Administrations will have to present an explanatory memorandum that accredits the concurrency of these causes, as well as the documentation to which refers to the number 4 and, in case 5 and 6 of the previous article.

Article 41. Priority of permanence in the entity, body or public entity.

1. It shall have priority to remain in the entity, body or public entity affected by the dismissal procedure, the permanent staff who have acquired this condition, in accordance with the principles of equality, merit and capacity, through a selective entry into effect, where the said entity, body or public entity so establishes.

2. The Secretariat of State of Public Administrations or equivalent authority in the field of the Autonomous Communities may establish the application of such priority in procedures affecting the workforce of their respective areas, even if the Department, Department, body or entity promoting the procedure had not provided for it, if, in the light of the case, it understood that such a priority is applicable, because it is appropriate to the circumstances of the case, account for general management of human resources and the public interest.

3. As regards the priority to remain in the body, body or public entity affected by the dismissal procedure, it shall also apply as provided for in Article 13.

Article 42. Communication of the initiation of the procedure to the employment authority.

1. The Department, Counselor, Local Entity, body or entity initiating the procedure, shall, at the same time, send the labour authority to its communication to the legal representatives of the workers, a copy of the document referred to in the Article 37, as well as the documentation referred to in Articles 38, 39 or 40, as appropriate.

2. It shall also provide information on the composition of the workers ' representation, as well as on the negotiating commission for the collective dismissal procedure.

3. Article 6 (3), (4) and (5) shall apply to this procedure, but the documentation to accompany the notification of initiation of the procedure shall be that which corresponds to the procedures laid down in this Article. Title.

Article 43. Communication of the initiation of the procedure to the competent body in the field of Civil Service.

1. The Department, Department, Local Entity, Body or Entity shall also communicate the initiation of the collective dismissal procedure, within the period and with the documentation and information referred to in the previous Article, to the Ministry of Finance and General government or equivalent authority in the field of the Autonomous Communities, in the case of procedures affecting the staff of the General Administration of the State or the Autonomous Communities, respectively.

2. The Ministry of Finance and Public Administrations or equivalent authority may:

(a) Agree on the application of the priority referred to in Article 41, which shall be binding in terms of the terms of the agreement or resolution that is given.

b) Issue report on the procedure, on its causes, and on the other circumstances arising therefrom.

In such cases, the Ministry of Finance and Public Administrations or equivalent authority shall transmit to the Department, Department, body or entity promoting the procedure, to the representation of the workers and to the employment authority, before the end of the consultation period, a copy of the resolution establishing the above priority and, where appropriate, of the report issued.

3. The provisions of this Article shall not apply to the procedures affecting the employment staff of the entities in the Local Administration or to the entities or bodies that are dependent on them.

Article 44. Developing the query period.

1. The period of consultation shall be aimed at reaching an agreement between the entity, body or entity concerned and the representatives of the employees on the circumstances of the collective dismissal. The consultation should cover at least the possibilities of avoiding or reducing redundancies and of mitigating their consequences by using the accompanying social measures provided for in Article 8, provided that they are compatible with the nature and legal status of the public administration concerned.

2. To this end, workers ' representatives shall, from the beginning of the consultation period, have the required documentation provided for in Articles 38, 39 or 40, as appropriate and the parties shall negotiate in good faith.

3. The period of consultation shall be carried out in accordance with Article 7 (2) to (7). In relation to the number of workers to be considered for the purpose of determining their duration, it shall be that which corresponds to the scope of the procedure referred to in Article 36, by counting only the employed persons employed in that field with (a) the Staff Regulations of the Workers ' Statute or rules laid down in their development.

Article 45. External Recolocation Plan.

For the purposes set out in Article 9, the External Recolocation Plan, where appropriate according to the number of workers concerned, shall be drawn up by the corresponding Public Employment Services. Their preparation shall be the responsibility of the State Employment Public Service in the event of collective redundancies affecting the employment staff of the General Administration of the State or bodies or entities dependent on it and the Public Services of Employment of the corresponding Autonomous Communities in other cases.

The Department, Department, Local Entity, Body or Entity shall submit, at the end of the period of consultation, the plan for external relocation that would have been drawn up in accordance with the provisions of the preceding paragraph, to submit, at the start of the procedure, the evidence of evidence of having been addressed to the relevant Public Employment Service, urging its preparation and its intended content.

Article 46. Interlocution during the query period.

1. They shall be entitled to intervene in this period of consultations as interlocutors with the competent body of the Department, the Department, the public body or entity concerned, the legal representatives of the workers in the field corresponding.

2. Such intervention shall be the responsibility of the trade union sections where they so agree, provided that they have the majority representation on the works councils or among the staff delegates, where appropriate. If such an agreement is reached, in the General Administration of the State the interlocution will be channeled, in the case of the Ministry of State, through the Deputy Committees of the CIVEA in the field of the Collective Agreement for the State General Administration of employment, or similar bodies in the rest of the Collective Agreements.

3. In entities, bodies or public entities where there is no legal representation of workers, they may choose to confer their representation on the negotiation of the agreement, at their choice, to a commission of up to three members. made up of employees of the entity, body or public entity, or a commission of equal number of designated components, according to their representativeness, by the most representative trade unions and representative of the entity, body or entity public affected by the dismissal and who were entitled to be part of the commission negotiation of the collective agreement of application to them.

Section 3. Completion of the procedure

Article 47. Communication of the collective dismissal decision in the field of the General Administration of the State and the Administration of the Autonomous Communities.

1. At the end of the period of consultation, the Department, Department, body or entity concerned shall communicate to the competent body of its respective Administration the outcome of the consultation, accompanied, where appropriate, by the proposed agreement. subscribe or the decision that you propose to take as a result of those consultations, for this issue to report.

This report will be binding in the case of the State Administration and other Public Administrations in which the applicable legislation provides, within the scope of their respective powers, the obligation to issue a prior and favourable report to the adoption of agreements, conventions, covenants or similar instruments from which costs or personnel obligations may be derived from their service. It shall be null and void for decisions or agreements to be reached without the concurrence of such a requirement.

2. In the case of the General Administration of the State, the communication shall be made to the Ministry of Finance and Public Administrations through the Secretariat of State for Budgets and Expenditure and Public Administrations. In the case of the Autonomous Communities, the communication shall be made to the competent Directorate-General.

3. Once the report referred to in paragraph 1 has been obtained, the agreement reached within a maximum period of 10 days from the date of receipt of the report shall be concluded or, in the same time, the final decision shall be taken.

4. The Department, Department, body or entity concerned shall communicate to the competent labour authority the outcome of the consultation period. If agreement has been reached, it shall be transferred to that authority. In any event, it shall inform the representatives of the employees and the labour authority of the decision on the collective dismissal it carries out, updating, where appropriate, the extremes of the communication referred to in Article 37. Among the documentation submitted, the report of the competent body referred to in paragraph 1, the documentation corresponding to the accompanying social measures which would have been agreed or offered shall be carried out. by the Administration and the external recolocation plan in cases where it comes from the number of workers concerned.

5. The communication to be made shall be made within 10 days from the date of the formalisation of the agreement or, if the agreement has not been reached, from the adoption of the final decision referred to in paragraph 3.

6. After the period referred to in the preceding paragraph without the entity, body or public entity concerned having communicated the collective dismissal decision, the termination of the collective dismissal procedure shall be produced without delay, without delay. injury, where appropriate, to the possibility of initiating a new procedure.

Article 48. Communication of the collective redundancy decision in the area of Local Administration.

1. In the case of procedures affecting the staff of the entities which make up the Local Administration or the entities or bodies dependent on them, they shall inform the competent labour authority of the outcome of the consultation period. If agreement has been reached, it shall be transferred to that authority. In any event, it shall inform the representatives of the employees and the labour authority of the decision on the collective dismissal it carries out, updating, where appropriate, the extremes of the communication referred to in Article 37. The communication to be carried out shall be made within 15 days from the date of the last meeting held in the period of consultations, accompanied by the documentation corresponding to the accompanying social measures which would have been taken. agreed or offered and the plan for external relocation in cases where it comes from the number of workers concerned.

2. After the period referred to in the preceding paragraph without the entity, body or public entity concerned having communicated the collective dismissal decision, the termination of the collective dismissal procedure shall be produced without delay, without delay. injury, where appropriate, to the possibility of initiating a new procedure.

Additional disposition first. Documentation in procedures for collective redundancies involving workers of fifty or more years.

When in collective redundancy the circumstances set out in paragraph 1 (a) and (b) of the additional 16th provision of Law 27/2011 of 1 August on updating, adapting and modernising the Social Security system, on collective redundancies affecting workers of fifty or more years in companies with profits, the company will have to include in the documentation that it must provide to the labor authority, in addition to the one indicated in the Article 6, the following documentation:

(a) The ratio of the price codes of the company that initiates the procedure and, where appropriate, of the other companies that make up the group of companies, with an indication of the number of workers attached to each of them at the time of the communication of the initiation of the procedure, irrespective of the type of contract or of working full-time or part-time.

(b) the relationship of employment contracts which have been extinguished in the three years immediately preceding the date of the communication of the start of the procedure on the initiative of the undertaking or undertakings belonging to it group, by virtue of other reasons not inherent to the person of the worker other than those provided for in Article 49.1 (c) of the Staff Regulations. In any event, the employment contracts for which the extinction occurred before 27 April 2011 shall not be included in this relationship.

(c) In any event, the documentation referred to in Article 4 (2) and (5) shall be included, irrespective of the nature of the reasons for the collective dismissal and the undertakings of the group of which the undertaking is a party. which starts the procedure have the same activity, belong to the same sector of activity, or have debtor or creditor balances with it.

Additional provision second. Electronic processing of the procedures.

In compliance with Article 35 of Law 11/2007, of June 22, of electronic access of citizens to public services, the communications contained in the procedures regulated in this Regulation may be the company's request by electronic means, and the procedure for digitised copies of all documents can also be provided to the procedure.

According to Article 27 of the aforementioned Law 11/2007 of 22 June, the communications between public administrations that are regulated in this Regulation should preferably be carried out by electronic means.

Likewise, it will be at the electronic headquarters of the Ministry of Employment and Social Security, where the electronic systems or means that can be used to communicate with the Administration will be indicated.

Additional provision third. Suspension of the contract of work and reduction of working hours due to economic, technical, organizational or production causes in the public sector.

In accordance with the provisions of the first twenty-first provision of the Workers ' Statute, as provided for in Title I, Chapter II of this Regulation shall apply to entities governed by public law linked to or dependent on one or more public administrations and other public bodies, provided that they are financed mainly from income obtained as a counterpart to operations carried out on the market.

For the purposes of determining whether an entity is financed mainly with income, whatever its nature, obtained as a counterpart to the delivery of goods or to the provision of services, it shall be taken into account that the entity is not classified as Public Administration in the inventory of public, regional or local public sector entities, in accordance with the national accounting criteria, according to the information available on the Ministry's website of Finance and Public Administrations.

If the entity is not in the corresponding inventory, the entity shall justify the filing with the Ministry of Finance and Public Administrations of the application for inclusion therein.

Additional provision fourth. Procedures affecting work staff providing services in the Military Administration.

The competencies attributed in this Royal Decree to the Inspection of Labor and Social Security will be exercised, in the procedures that affect labor personnel who provide services in the Military Administration, according to the The provisions of Royal Decree 2205/1980 of 13 June, which regulates the work of non-civil servants in military establishments.

Additional provision fifth. Obligation to deposit the agreements reached during the period of consultations involving the implementation of the working conditions provided for in collective agreement.

When the agreement reached in the consultation period includes the application of the provisions of the collective agreement in relation to any of the working conditions referred to in Article 82.3 of the Staff Regulations Workers, the company must proceed in any case to the deposit of the inapplication agreement, as provided for in the additional provision fourth of Royal Decree 713/2010, of 28 May, on registration and deposit of agreements and agreements work collectives.

Single transient arrangement. Computer workers for the purposes of external recolocation plan enforceability.

As provided for in Article 9.5 in respect of the computation of workers whose employment contracts have been extinguished on the initiative of the undertaking or undertakings of the same group for reasons not inherent in the worker's person to the effects of the obligation to accompany an external relocation plan to the initiation documentation of the procedure shall apply exclusively to those whose employment contracts have been extinguished as from the entry into force of the procedure. of the Royal Decree approving this Regulation.