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Ángel Carrasco and Lourdes Escassi on how the transport strike affects contracts | Expansión
15 of November, 2022
Today this Expansión article presents the opinions of Ángel Carrasco and Lourdes Carrasco, academic advisor and senior associate of the labor team, on how the affected companies can respond if their activity is interrupted by the strike and the different commercial and labor implications it entails.
“It is necessary to distinguish whether the transport stoppage affects the carrier’s contractual relationship with its customer or whether it has an impact on a third party, which may be a customer of the customer. The carrier who stops voluntarily can never claim force majeure against his counterparty,” adds Angel Carrasco.
For her part, Lourdes Escassi points out that “it would be possible for the company whose production is affected by the lack of supplies to carry out an ERTE ETOP (that is, for economic, technical, organizational or productive causes) for the suspension of work contracts or reduction of the working day of the workers, on a temporary basis”.
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“It is necessary to distinguish whether the transport stoppage affects the carrier’s contractual relationship with its customer or whether it has an impact on a third party, which may be a customer of the customer. The carrier who stops voluntarily can never claim force majeure against his counterparty,” adds Angel Carrasco.
For her part, Lourdes Escassi points out that “it would be possible for the company whose production is affected by the lack of supplies to carry out an ERTE ETOP (that is, for economic, technical, organizational or productive causes) for the suspension of work contracts or reduction of the working day of the workers, on a temporary basis”.
Read full article.
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