“Cause” in collective dismissals

Abstract

According to Spanish law, the definition of collective dismissal, as in Directive 98/59,makes reference to three primary elements: the numerical/quantitative element, the temporal element andthe causal element. This latter, the identification of the causes that may justify the collective dismissal,has been the most controversial element in Spain. This study analyzes the legal definition of the causesof these collective dismissals, specifically focusing on the economic causes. It also considers the judicialcontrol of these collective redundancies.