Employment maintenance clause in redundancy proceedings

Abstract

The employment maintenance clause as a commitment measure for companies that benefit from Social Security contributions is not something new in our legal system. However, the COVID-19 pandemic, which caused a large number of companies to have to resort to the mechanisms of suspension of employment contracts and reductions in working hours, as well as the application of exemptions linked to such situations between March of 2020 and March 2022, gave a singular role to the regulation of these benefits and, in particular, to the employment maintenance clause contained in the sixth additional provision of Real Decreto-ley 8/2020, of March 17, of urgent extraordinary measures to address the economic and social impact of COVID-19. The present study deals with this clause, as well as with the one that was approved after the COVID regulation, contained in the forty-fourth additional provision of the consolidated text of the General Social Security Law, which, inspired by it, includes part of the reference contained in its articles.