The National Court declares the ERE of Global Rosetta null and orders the reinstatement of the 37 dismissed employees

The court declares the collective dismissal of Global Rosetta, part of the Getronics group, null due to violations of fundamental rights. The company must reinstate the 37 affected workers.

The National Court has declared the collective dismissal null executed by Global Rosetta, a company of the Getronics group, on December 19, 2025. The ruling, which has been accessed by the unions CGT and ELA, obliges the company to reinstate the 37 dismissed individuals with the minimum legal requirements and without union agreement.

Violation of fundamental rights

The court considers that there was a violation of fundamental rights by including union delegates in the ERE without a valid and reasoned justification. The company used a data manipulation excuse citing the loss of a project, an argument that the ruling dismantles largely based on the report from the Labour Inspectorate and the documentation provided by the complaining unions.

Furthermore, the court emphasizes that there was an intention to neutralise union action, recognising a compensation of 3,000 euros to CGT, which the union will allocate to other struggles. The lawsuit was jointly filed by CGT and ELA, while CCOO and UGT, although present, did not contest the dismissal.

Immediate reinstatement and possible appeals

The company is obliged to immediately reinstate all dismissed workers, without waiting for the ruling to be final. However, Global Rosetta may appeal the decision, which would delay the finality by a few months. Those who have reached a voluntary agreement with the company acknowledging the reasons for the dismissal would be excluded from reinstatement.

Regarding refunds of compensation or unemployment benefits, the court clarifies that these issues are set aside until the ruling is final. The union warns affected individuals that if the company contacts them pressuring for refunds, they should get in touch with them.

Impact on workers and the sector

This ruling represents an important precedent for labour rights in Spain, especially in the technology sector, where EREs have become common. For the workers of Global Rosetta, reinstatement means recovering their jobs retroactively, although the economic conditions will be resolved later.

The CGT union has emphasised that "the struggle is the only way" and has thanked for the support received. The ruling also highlights the difference in union strategies: while CGT and ELA contested, in other centres of the group without CGT representation, the dismissal was not challenged.

The affected individuals must stay alert for the company's communication regarding their reinstatement and, in case of doubts, contact the union's legal services. The ruling is not final, but reinstatement must be executed now.