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The Royal Decree-Law 3/2012 of 10 February, of urgent measures for the reform of the labour market, has given new wording to Articles 51 and 47 of the recast text of the Law of the Workers ' Statute, approved by Real Legislative Decree 1/1995 of 24 March on procedures for collective redundancies and the suspension of work contracts and reduction of working hours.
The main novelty of the new regulation has been the elimination of the administrative authorisation previously required to carry out collective redundancies or measures to suspend contracts or reduction of working hours by the employer.
The new regulation nevertheless maintains, in line with Directive 98/59, of the Council of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies, the need for a period of consultation with workers ' representatives in the procedures for collective redundancies and also for the suspension of contracts or the reduction of working hours. The intervention of the labour authority is also maintained as a guarantor of the effectiveness of that period of consultation, although it eliminates, as has been said, the decision-making nature of the consultation.
The immediate applicability of the new regulation of these procedures as of the date of entry into force of the said Royal Decree-Law 3/2012, as indicated in its final disposition sixteenth, has determined that they have Some doubts have been raised about certain aspects of these procedures. Thus, paragraph 2 of the final decision of the Royal Decree-Law gives the Government the elaboration of a regulation of procedure on collective redundancies and suspension of contracts and reduction of working hours, with the aim of develop the provisions of that. Moreover, the only derogation provision of Royal Decree-Law 3/2012 does not provide for the explicit repeal of Royal Decree 801/2011 of 10 June 2011 approving the Regulation of the procedures for the regulation of employment and action (ii) administrative measures in the field of collective transfers, although logically, in accordance with paragraph 2 of this Regulation, all those aspects of that Regulation which are opposed or contradicted by the provisions of the new wording of the Articles 47 and 51 of the Staff Regulations, but not those which are not affected by the the new regulation, such as those relating to the documentation to be accompanied by the employer to the communication of the start of the consultation period or to the development of this period of consultation, among others.
in the light of the doubts raised, and as a new procedural regulation on collective redundancies and the suspension of contracts and the reduction of working hours is being drawn up, legal security reasons advise against those aspects of the current Regulation to be understood in force.
In its virtue, in accordance with the provisions of the third final provision of Royal Decree 801/2011 of 10 June 2011, approving the Regulation of the procedures for the regulation of employment and administrative action in Collective transfers matter, I have:
Article 1. Scope of application.
The provisions of this Order shall apply to the procedures referred to in Articles 47 and 51 of the recast of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of 24 March, initiated after the entry into force of Royal Decree-Law 3/2012 of February 10, of urgent measures for the reform of the labour market, until the entry into force of the regulation of procedure of dismissals collective agreements and suspension of contracts and reduction of working time, as referred to in paragraph 2 of the provision Fifteenth final of that royal decree-law.
Article 2. Application of the existing provisions of the Regulation of the procedures for the regulation of employment and administrative action in the field of collective transfers, approved by Royal Decree 801/2011, of 10 of June.
In accordance with the provisions of paragraph 2 of the Royal Decree-Law No 3/2012 of 10 February 2012, in conjunction with Articles 47 and 51 of the recast text of the Law on the Staff Regulations, Articles 13 and 18.3 of the royal decree-law, the articles of the Regulation on the procedures for the regulation of employment and administrative action in the field of collective transfers are in force. approved by Royal Decree 801/2011 of 10 June 2011, which are listed below and with the specifications that for your application are indicated:
1. Article 2 identifies the competent labour authority, in order to receive the business communication initiating the procedure and to carry out the other actions corresponding to it, as provided for in Articles 47 and 51 of the Staff Regulations. Workers.
2. Article 4, on legitimization, is understood to be in force with its current wording.
3. Article 6, on documentation of collective redundancies for economic reasons, is understood to be in force in so far as it does not object to the definition of economic causes provided for in the second subparagraph of Article 51 (1) of the Staff Regulations. Workers.
4. Article 7, on documentation of redundancies for organisational, technical or production reasons, is in force in force in so far as it does not object to the definition of the organisational, technical or production causes, as provided for in the third paragraph of the Article 51 (1) of the Staff Regulations.
5. Article 8, which refers to the documentation common to all the procedures for the regulation of employment, is understood to be in force, with the exception of point (b). The provisions of point (f) shall be understood as referring to the external relocation plan in accordance with the terms laid down in Article 51.10 of the Staff Regulations.
6. Article 11, concerning the period of consultation, is understood to be in force, with the exception of paragraph 4. In any event, the reference to the content of the consultation period provided for in the second subparagraph of paragraph 1 is understood to be carried out in accordance with Article 51.2 of the Staff Regulations.
7. Article 16, on the rights of stay in the company, is understood to be in force with its current wording.
8. Article 21, on the legal status of the suspension of work contracts and the reduction of working hours for economic, technical, organisational or production reasons, is understood to be in force, with the exception of the approval of the suspension of contracts or reduction of working time, contained in paragraph 4.
9. Article 22, on the procedure to suspend work contracts or to reduce the time temporarily, by virtue of economic, technical, organisational or production causes, is understood to be in force, with the exception of the following:
1. º The mention of the authorization, referred to in the first paragraph.
2. º The reference to Article 51 of the Workers ' Statute contained in the first paragraph.
3. º The reference to the duration of the period of consultations of eight calendar days in the companies of less than fifty workers, contained in point (b).
10. Article 23, concerning the period of consultations and the social accompanying plan, is understood to be in force, except as regards the social accompanying plan.
11. Articles 25, 26 and 27 on the extinction and suspension of working relations and the reduction of working time by force majeure and Article 28 on the extinction of working relations by the disappearance of the legal personality of the contractor understand current wording.
Single end disposition. Entry into force.
This Order shall enter into force on the day following that of its publication in the "Official State Gazette".
Madrid, March 8, 2012. -Minister of Employment and Social Security, Fatima Banez García.
