The “bans” on dismissal due to the invasion of Ukraine

purposes, functions, similarities with Covid measures and coordination with structural legislation

Abstract

In addition to an immense humanitarian drama, the unforeseen invasion of Ukraine by Russia has generated a worldwide economic impact that has repercussions for undertakings and, by extension, for workers. To deal with the situation, the Spanish Government has adopted urgent financial support measures, mainly through Royal Decree-Law 6/2022 of 29 March, which provides for direct and indirect economic aid to minimise the negative consequences of this conflict on certain sectors. Probably due to the influence of the Covid experience, this economic aid has been accompanied by two “dismissal bans”: the one that affects undertakings that have received direct aid to face the increase in energy costs and the one linked to the temporary lay-offs for reasons related to the invasion of Ukraine. The nature and scope of these dismissal restrictions, formulated in art. 44 of Royal Decree-Law 6/2022, is the subject of study in this paper, which also analyses their similarities and differences with the precedent Covid restrictions, and offers a first assessment of the complications that may arise from the coexistence of these temporary rules with the structural/permanent Labour Law.