It is understood that causes concur:
- Economic, when the results of the company show a negative economic situation, in cases such as the existence of current or expected losses, or the persistent decrease in its level of ordinary income or sales. In any case, it will be understood that the decrease is persistent if for two consecutive quarters the level of ordinary income or sales in each quarter is lower than that recorded in the same quarter of the previous year.
- Technical, when there are changes, among others, in the means or instruments of production.
- Organizational, when changes occur, among others, in the area of personnel working systems and methods or in the way production is organized.
- Productive, when changes occur, among others, in the demand for the products or services that the company intends to place on the market.
Temporary causes of force majeure are considered to be fires, earthquakes, floods, or any other cause arising from an external event outside the sphere of activity of the employer, being unforeseeable or unavoidable situations.
The labor authority must establish force majeure, although we currently have a presumption to consider the health crisis originated by COVID-19 as a case of force majeure.
Secondly, the temporary reduction of the working day will consist of a reduction of between ten and seventy percent of the working day computed on a daily, weekly, monthly or annual basis. During the period of reduced working hours, no overtime may be worked, except in cases of force majeure.
Finally, it should be noted that the worker affected by a temporary reduction of working hours will be in a legal situation of unemployment.
If your company has been affected by the negative consequences of the pandemic and you wish to know all the keys to make use of the Temporary Labor Force Reduction Plans, contact Llorca Abogados.