In Leialta we are aware of our clients’ needs and many of them ask us: what is a labor protocol and what are its benefits? The fact that two or more companies belong to the same commercial business group is not enough to consider the existence of a joint liability of them all regarding to the obligations undertaken by one of the companies with its own workers (Supreme Court Decisions of January 23rd, 2002 and January 26th, 2000).
Some decisions taken by the Supreme Justice Courts of Madrid, Basque Country and Catalonia assert that the very fact that one company owns a 100% of the shares belonging to other society in the group reveals no existence of a company group in terms of labor law.
Basing on information obtained from your company and provided there is a Company Group (Section 42 of the Spanish Commercial Code), we would take care of establishing an operative work protocol for the companies in the group, aiming to prevent being considered a labor corporate group for the purpose of responding with joint efforts to an objective dismissal. Each company or part of the commercial business group has its own area of responsibility, as the independent legal persons they are.
Basing on the sixth legal basis of Decision STS 03/05/90, the list of additional elements that define the responsibility of the different companies in the group could be as follows:
As it is stated in the Decision of May, 27th 2013 QSJ 2013/142865, “In any case, it should also be remarked – basing on the stated STS March/20/13 – that the concept of labor corporate group, and especially the determination of the spread of the group’s companies’ responsibility, depends on every concrete situation that could flow from a proof that has been demonstrated and assessed in each case, without being possible to perform a closed-requirement numerical ratio so it can be understood that this spread of responsibility exists. Among other things, this is because in a company… network…, the intensity or the position of the companies regarding the workers or the group is not the same”.
It is about establishing a periodically-updating operative-working labor protocol that will have to signed by the workers representatives under the following criteria:
If you manage a company group and would like to have more information from a consultant specialized in the labor protocol area, contact us and we will gladly help you.