Have you reached the difficult decision of doing an ERF in the company? Arrabe Integra’s labour consulting experts are at your disposal. Because in these difficult moments of decision making, it is when you really need the vision of a professional team.
Without a doubt, when a company exhausts all the options for its financial viability, its owners must consider the less pleasant legal alternatives. Working hours reductions, collective dismissals or suspension of contracts are resources available for companies to facing the most complex situations. As you well know, the Workers’ Statute and Royal Decree 1483/2012 are the legal texts that include the measures related to the Employment Regulation Files or ERF in Spain.
An ERF, according to the Labour Ministry, is an administrative-labour procedure that aims to suspend or terminate labour relations for certain causes and guaranteeing the rights of employees. Those reasons for the company to be forced to make an ERE can be economic, technical, organizational, production or by force majeure.
Arrabe Integra has the adequate experience and specialists in labour matters to study the situation of your company and offer you the best solutions. Count on our team of experts in ERF and with the full support of our firm.
Summary of the procedure to make an ERF in the company
The procedure for making an ERF in the company can be carried out by the employer or by the workers themselves through their representatives. The employment regulation procedure is initiated counting on the competent Labour Authority. Our labour advisers will inform you about who this power falls on in the specific case of your company.
In these situations, having a professional team of labour consultants is essential for the procedure to be carried out in the best way.
Here we summarize the essential steps to make an ERF due to force majeure, with the minimum guarantees:
1.- Prepare documentation to send to the competent Labour Authority.
- Official forms.
- Justifying memory.
2.- Communication to the Workers through their legal representatives or directly and individually. And, communication to the competent Labour Authority, accompanied by the means of proof.
The Labor Authority may request additional information:
- To the company itself.
- Report of the Social Security Labour Inspection.
- Give workers a hearing within 1 day.
3.- Resolution of the Labour Authority, before 5 days from the request. The resolution of the ERF may be authorized or denied.
If denied, we could still:
- Legally appeal.
- Process ERF for objective causes.
If the ERF is approved:
- The company decides who it applies to.
- Proceed to inform: the workers or their legal representatives and the Labour Authority.
4. Apply or make the ERF
- The company decides which workers are affected.
- Permanence priority of union delegates.
- Apply objective reasons to avoid discrimination.
If you think that the viability of your company involves carrying out an ERF, contact us as soon as possible. We will be happy to provide you with the labour advice you need in this or other matters.