Post by nijhumnishita033 on Jan 10, 2024 23:03:37 GMT -8
The Social Chamber of the Supreme Court has declared in its recent ruling of January 20, 2022 that the deadline to appeal the administrative resolution denying an ERTE associated with Covid-19 due to force majeure was suspended in accordance with the provisions provided for in Additional Provision 8 of Royal Decree-Law 11/2020, of March 31. Consequently, in the opinion of the High Court, the initial day of the calculation of the general period of one month (provided for in article 122.1 of Law 39/2015 ) must be marked on the business day following the date of completion of the declaration of the state of alarm.
Proven facts At the end of April 2020, the plaintiff company, dedicated to the import and retail marketing of beach items and souvenirs , submitted a request to the General Directorate of Labor of the Ministry of Phone Number Data Employment and Social Economy for suspensions of employment relationships by force. higher than 52 of the 59 workers . "The vast majority of the retail customers it sold its products to went out of business." (Photo: Cosasdeplaya) The reason for such a request was that as a result of the declaration of the state of alarm by Royal Decree 463/2020, of March 14 , the vast majority of the retail clients to whom it sold its products closed.
Likewise, the known limitations on mobility prevented its workers from being able to visit such establishments spread across different commercial delegations in Spain (Balearic Islands, Las Palmas de Gran Canaria, Barcelona and Alicante) and in neighboring European countries (France and Portugal). Despite this, on May 4, 2020, the General Directorate of Labor denied the request made by the plaintiff, because it did not consider the existence of force majeure to be proven . Dissatisfied with this conclusion, on June 29, 2020, the company filed an appeal . On the other hand, on August 4, 2020, it was inadmissible for processing by Ministerial Order issued by the Secretary of State for Labor and Social Economy, because it was formalized outside the period of one month from when the notification took place.
Proven facts At the end of April 2020, the plaintiff company, dedicated to the import and retail marketing of beach items and souvenirs , submitted a request to the General Directorate of Labor of the Ministry of Phone Number Data Employment and Social Economy for suspensions of employment relationships by force. higher than 52 of the 59 workers . "The vast majority of the retail customers it sold its products to went out of business." (Photo: Cosasdeplaya) The reason for such a request was that as a result of the declaration of the state of alarm by Royal Decree 463/2020, of March 14 , the vast majority of the retail clients to whom it sold its products closed.
Likewise, the known limitations on mobility prevented its workers from being able to visit such establishments spread across different commercial delegations in Spain (Balearic Islands, Las Palmas de Gran Canaria, Barcelona and Alicante) and in neighboring European countries (France and Portugal). Despite this, on May 4, 2020, the General Directorate of Labor denied the request made by the plaintiff, because it did not consider the existence of force majeure to be proven . Dissatisfied with this conclusion, on June 29, 2020, the company filed an appeal . On the other hand, on August 4, 2020, it was inadmissible for processing by Ministerial Order issued by the Secretary of State for Labor and Social Economy, because it was formalized outside the period of one month from when the notification took place.