The Ministry of Labor, through the General Directorate of Labor, has formally required BBVA and CaixaBank to be “strictly rigorous” with the formalities of the consultation period for their Employment Regulation Files (ERE), whose first measures to be discussed they should be aimed at preventing or reducing layoffs raised by the bank.
Information has been advanced this morning by the newspaper El País. In separate warning letters sent to both entities, unions and the Labor Inspectorate, the General Directorate of Labor confirms that it has received the collective dismissal communications presented by BBVA and CaixaBank and highlights that the regulations for these procedures establish that the labor authority must ensure the effectiveness of the consultation period, the development of which “must conform to a series of formal and substantive conditions”.
For this reason, it sends a request to both entities to remind them that “each and every one” of the formal requirements listed in the complementary standard must be met, acquiring “special significance” in these ERE the substantive requirements, “given that the business intention communicated presents elements of special gravity and transcendence, both due to the impact it has on employment, and, in particular, due to its effects on workers, on those who are eventually affected by the reported dismissal and also on those who are not. “.
The General Directorate of Labor, “always respecting the negotiating autonomy of the parties”, has expressly warned in writing of the obligation that during the consultation period the measures aimed at avoiding or reducing collective dismissals and mitigating their consequences for the affected people, through the use of support social measures.
In this sense, it emphasizes that Article 8 of social support measures first cites those aimed at avoiding or reducing layoffs, in an order that the General Directorate of Labor “does not interpret as accidental.”
Consequently, it has formally required the companies BBVA and CaixaBank to “develop a consultation period that is strictly respectful of the formalities and, especially, with each of the contents set forth in the applicable regulations and, in particular, with those referred to in this document “, conclude the writings signed by the general director of Labor, Verónica Martínez Barbero.