Two years after the end of their transposition and after two infringement procedures (case CJEC C-317/06 and C-6/07), the Law 38/2007 completes the transposition into Spanish law of the European directives on information and consultation (2002/14) and on the employer's insolvency (2002/74). On the one hand, it settles the question of maintained wages in the event of transnational insolvency, and on the other, it better defines the key concepts of information and consultation and allows employers not to communicate confidential information. Francisco Gomez Abeillera, professor of labour law at the Carlos V University of Madrid, prepared a commentary of this law for e-europnews. (Ref.080098)
As far as the European Law is concerned, this Spanish Law has two clear and distinct contents. On the one hand, it amends article 33 of the “Workers’ Statute” (hereinafter “the Statute”) which deals with the “Fondo de Garantía Salarial” (hereinafter “Fogasa,”) which is the Spanish guarantee institution for the protection of employees in the event of the insolvency of their employer. On the other hand, articles 64 and 65 of the same “Statute” are amended in order to transpose the EU Information
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