How to act before an ERE

A good strategy can determine that the negotiation of an ERE is satisfactory for the interests of the workers. But there are some aspects that must be taken into account. It is important legal advice by a lawyer to get defend the rights of workers correctly. In .com we explain how to act before an ERE .

Can they fire any worker?

The measures adopted in an ERE do not affect all workers in the same way.

The Workers 'Statute provides that workers' representatives have priority to maintain the workplace over workers who are not. In this way, they can dismiss an ordinary worker before a worker who holds a position of union representation.

What compensation corresponds?

The law requires that, in the dismissals produced by an ERE, workers be compensated with a minimum of 20 days per year of work, this compensation being extended in a negotiated pact during the consultation period between the company and the representatives of the workers.

If a worker has worked for a few months in one of the years over which the compensation has to be collected, they are prorated and the proportional part of the year is charged according to the months worked.

What if the company can not pay compensation?

In the event that the company can not be responsible for the payment of compensation to workers who have been included in the ERE, it will be the Wage Guarantee Fund (FOGASA) who pays the amounts stipulated by law.

Worker not satisfied with the dismissal

In the event that the worker is not satisfied with the dismissal applied by the company, he has 20 days to file a claim, being able to claim greater compensation, reinstatement to the job and processing fees if appropriate.