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See detailCovid-19 and labour law in Spain
Garcia Munoz Alhambra, Manuel Antonio UL

in European Labour Law Journal (2020), 11(3), 319-323

The Covid-19 crisis in Spain has led to the adoption of several pieces of legislation with labour law and social security content. The main priority of this fast-changing and frequently adapted ... [more ▼]

The Covid-19 crisis in Spain has led to the adoption of several pieces of legislation with labour law and social security content. The main priority of this fast-changing and frequently adapted legislation has been to avoid a sharp rise in unemployment. To do so, the legislator facilitated the use of the already existing procedures to temporarily suspend contracts (Expedientes Temporales de Regulacion de Empleo) ´ and prohibited certain kinds of dismissals (those based on economic circumstances and force majeure). To further develop a social shield with the ambition to protect the most vulnerable workers and families several measures that can be classified as income support have been adopted. [less ▲]

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See detailCovid-19 and labour law in Luxembourg
Ratti, Luca UL

in European Labour Law Journal (2020)

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See detailTo hire or not to hire: the ambivalent impact of social rehire clauses on the Transfer of Undertakings Directive
Ratti, Luca UL

in European Labour Law Journal (2020), 11(2), 225-244

Most EU countries are experiencing an increased use of Collective Labour Agreement clauses – Social Rehire Clauses – that oblige incoming service providers, while taking over a service, to employ all or ... [more ▼]

Most EU countries are experiencing an increased use of Collective Labour Agreement clauses – Social Rehire Clauses – that oblige incoming service providers, while taking over a service, to employ all or part of outgoing providers’ personnel or at least give these workers priority future hiring. In the established case law of the Court of Justice, rehiring personnel is considered a crucial element, which may trigger the application of Council Directive 2001/23 on transfers of undertakings. This article defends the need to keep Social Rehire Clauses outside the material scope of the Directive, in order to respect social partners’ collective autonomy and prevent opportunistic behaviours, while promoting a fair competition between employers. Constitutionally justified under Article 3(3) TEU, and Articles 9, 147 and 151(1) TFEU, the protection of employment pursued by Social Rehire Clauses should be interpreted as legitimate limitation to the economic freedoms enshrined in the Treaties and the Charter of Fundamental Rights. [less ▲]

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