El impacto del cambio climático en la regulación temporal de empleoEl «ERTE Freixenet por sequía» ¿«fuerza mayor» o «causa productiva»?

Resumen

The Temporary Employment Regulation Files (ERTE) due to force majeure (FM) became famous with the pandemic emergency. His time passed. But the succession of different emergency situations explains why they remained relevant. The labor reform paid special attention to them (2021). This reform regulated them for permanent situations (art. 47 ET) and for more critical situations (art. 47 bis ET). The purpose of these new rules was to ensure that the appearance of similar emergencies did not affect companies in an unforeseen way. The ERTE-FM due to drought presented by Freixenet, in the state of emergency scenario in Catalonia, has returned their interest. The Catalan labor authority has rejected it. Considers that the ERTE-CETOP modality should be followed. This has been finally agreed upon with labor representation. This study takes advantage of this practical experience to explain the legal and judicial developments in the different modalities of ERTE, given their differences in terms of advantages-costs, for companies and for workers.