GET-OUT CLAUSE/ESCAPE CLAUSE
| SPAIN |
| CLAUSULA DE DESCUELGUE GET-OUT CLAUSE/ESCAPE CLAUSE |
Clause often included in general multi-industry agreements or product-sector or industry agreements , affording enterprises that find themselves in economic difficulties total or partial release from the obligation to comply with the agreed terms, particularly as regards pay. Such clauses are normally used in situations of economic crisis and because of enterprise reorganization and restructuring processes. In Spain they had been only rarely applied, partly because of trade union opposition. However, labour legislation deriving from the reform of 1994 stipulates that industry-level agreements must include provisions to release enterprises suffering economic difficulties from their obligations. In the absence of any such provision, similar arrangements may also be adopted by agreement between workers' representatives and management within the enterprise concerned (see enterprise agreements ). The term cláusula de desenganche is also used.
Please note: the European industrial relations glossaries were compiled between 1991 and 2003 and are not updated. For current material see the European industrial relations dictionary.
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