After the Constitutional Court rejected the criteria included in the 2012 Labor Code in terms of layoff, the government is proposing a new list of criteria to define the order of layoffs. The first criteria to be taken into consideration will be motivation and productivity, followed by 5 other. The UGT said it was ready to negotiate if the criteria are “objective.” The CGTP refuses to negotiate, regretting a return to layoffs “on a case-by-case basis.” Employers, in favor of modern flexibility rules, also want a hierarchy for the criteria and serious supervision.
Criteria for extinction of workstation. The government proposes 6 criteria to define the order in case of layoffs based on the extinction of a position: worst productivity/motivation, lowest skills and training, highest labor costs, shortest experience on the job, shorter seniority and, finally, smallest impact on family life and privacy.
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