The employment regulation file, commonly known as an ERE, is an administrative and labor process through which a company obtains legal authorization to fire its workers.
In addition, the request for an ERE can be demanded both by the employer or the company itself and by the representatives of the works. As a general rule, when dismissals are made, priority is always given to the permanence of workers and the compensation by the ERE it is prorated according to the days of the worker's service.
What are the stages of an ERE?
To develop the ERE procedure, every company will have to previously demonstrate a series of problems at an economic, technical, organizational or production level to obtain its approval, as long as the rights of employees regulated by the Workers' Statute are respected. . Thus, the most important stages of an ERE are the following:
- The consultation period
- The processing of the procedure
- The administrative authorization
- The administrative resolution
Once the administrative resolution is concluded through the Ministry of Employment, the company will proceed with the ERE which will normally have to occur 90 days after obtaining the resolution. Normally, the most important causes of an ERE are based on the known collective dismissal of workers and depending on the size of the workforce, it will affect workers in this way:
- 10 employees for companies with less than 100 employees
- 30 employees in companies with 300 or more employees
- 10% of the employees in a company with between 100 and 300 employees
Finally, it is important to know that if the ERE occurs temporarily, it is called ERTE.