Colective redundancies in Spain

27 January, 2021

If you are planning a collective redundancy, you must begin consultations with staff representatives in advance. During the consultation with staff representatives you should discuss different options to avoid the lay-off, or at least to reduce the number of staff affected.

Social measures to retrain or redeploy the redundant staff should also be negotiated. Written notice must also be provided detailing: 

  • the reasons for the collective lay-off
  • the number of staff to be laid off, and the number of staff who will remain employed
  • the criteria for the selection of staff to be laid off
  • And, the time frame in which the layoff will take place

If, after the consultations with staff representatives, you decide to proceed with the layoff, you must inform your public authority of the mentioned points in writing no less than 15 days before the layoff is to take place.  

Certain countries may waive the requirement for informing the public authority depending on the terms of the layoff. Also, for government employees or staff with expired fixed-term contracts the requirements to inform and consult prior to a layoff are not obligatory.