Pedro Navarro, Labor Counseling Technician at the Andalusian Employment Service and professor at the Master in HR Management of the EIP International Business School, He tells us about how the ERTES situations that COVID'19 has brought us can be headed towards an ERE but points out that in the event that a collective dismissal is carried out that affects more than 50 workers, a PRE could appear, External Relocation Plan, which includes training measures, professional guidance, personalized attention and active job search.
ERE
In the global financial crisis that began in 2008, known in Spain as the brick crisis or the real estate bubble, linked to the speculative boom, the labor term that became universal at that time was ERE (Record of employment regulation).
On that occasion, many companies, due to mergers or acquisitions, business restructuring and reorganization, cost reduction, outsourcing of services, temporary or permanent crisis situations, dismissed personnel through the ERE. Mechanism established in RD-Law 3/2012, of February 10, on urgent measures for labor reform for collective dismissals (BOE No. 36 of 02/11/2012).
ERTE
Today, among many of the things that COVID-19 has contributed is the media, social, professional, family and even mental expansion of the term ERTE (Temporary Employment Regulation File) since its practical application in the current labor context has affected millions of workers in Spain since 03/14/2020.
The ERTE is regulated by Royal Legislative Decree 1/1995, of March 24, which approves the consolidated text of the Workers' Statute Law establishing in its articles. 45, 47 and 51 the causes of the Suspension of the employment contract (economic, technical, organizational or production or derived from temporary force majeure).
In the same way that when we see smoke the first thing we think is that there is fire, on many occasions and I hope I am wrong, after an ERTE an ERE usually appears. Many companies will not be able to overcome this temporary situation caused by COVID-19 and will be forced to reduce the number of personnel through the definitive termination of the employment relationship.
PRE
Given the possible appearance of ERE, one of the interesting aspects that RD-Law 3/2012, of February 10, provided is the reinforcement of social elements that must accompany layoffs. In those collective dismissals that affect more than 50 workers, the law contemplates an effective business obligation to offer workers a External Relocation Plan (hereinafter PRE), which includes training measures, professional guidance, personalized attention and active job search.
Regardless of the obligation for companies that fire more than 50 workers, there are others that, concerned about the future of the people they fire, without having this obligation and out of corporate social responsibility, choose to hire outplacement services trying to smooth the impact of the dismissal also improving your reputation and image.
The PRE or OUTPLACEMENT Program, will appear at this time as the assisted transit and change management procedure in which an Outplacement Consultant will accompany people separated from the companies, making your new professional situation more bearable and less traumatic.
The PRE contributes to attenuate the negative feelings generated by pressure psychological impact on the managers managing the dismissal, mitigates the negative impact on the work environment and reduces the number of Labor Lawsuits (a dismissed employee who receives help from his former employer has less interest in initiating legal action).
The PRE helps the dismissed worker smooth, understand and design their transition from one job to another, receiving support from an Outplacement Consultant in the job search process or reorientation of professional objectives.
Ultimately, it is about directing PRE users towards those positions and companies target where your profile can best fit, thus carrying out a complete professional relocation in the shortest time possible.
Everything that affects a company's workers is the responsibility of HR professionals and that is why at the EIP International Business School we are committed to "learning by doing" and for offering updated content thanks to our teachers who are working professionals.
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