The Spanish Supreme Court’s examination of collective redundancy notification laws

At a glance

• Royal Decree 608/2023 added Disposition 6 to Royal Decree 1483/2012, requiring companies planning collective redundancies to inform the labour authority and main unions at national and regional levels six months in advance, or as early as possible with reasons if the six-month notice period cannot be met.
• The Spanish Supreme Court ruled on case 677/2024 on 22 April 2024, finding that this obligation disproportionately benefits the primary unions at national and regional levels, even when other unions are active at the company level.
• It is expected that the Spanish government will amend Royal Decree 1483/2012 to reinstate this advance notice obligation, extending the notification requirement to all unions active at the company level.

Royal Decree 608/2023 introduced an addition disposition (Disposition 6) to Royal Decree 1483/2012. Disposition 6 stated that companies which intend to carry out a collective redundancy process are required to inform the labour authority and the main unions of the sector of activity at national and regional level of their intention. Notice of this intention should be given six months in advance of starting the official process. If this is not possible, then it must be given as early as possible with an explanation as to the reasons behind being unable to meet the six months’ notice period.

On 22 April 2024, the Spanish Supreme Court ruled on 677/2024 (published on 8 June) and considered whether the obligation to inform the main unions about the company’s intention to carry out a collective dismissal process is against the Spanish Constitution and the law. The ruling states that this mandate disproportionately benefits the primary unions at national and regional levels, even when other unions operate at the company level, distinct from the primary ones.

It is anticipated that the Spanish government will amend Royal Decree 1483/2012 to reinstate this advance notice obligation, expanding the notification requirement to all active unions at the company level.