-
Some points of the Rajoy regulations are not in question in the dialogue table with the employers and the unions
Under the often repeated concept “labour reform“There is a wide range of legal norms and concepts integrated in a royal decree-law, with 25 articles and 16 additional provisions. A complex normative architecture that in public debate – like so many other things – tends to simplify under this double word “labor reform.” “Repeal”, “improve”, “update” … the verbs to conjugate this element – fetish, to some extent in some areas – are many and varied. public towards which it is conjugated. But, what are we talking about when we talk about the labor reform of the PP?
The “labor reform” of the PP is integrated into a royal decree approved on July 6, 2012. In this, various aspects of the labor regulations in force at that time are added, modified and deleted. As a matter of fact, one of the 25 articles of the standard is related to remote work. Could it be said that the new teleworking law repeals part of the PP labor reform?
What is on the table?
Part of the cornerstones of that architecture are on the table today. It is the case of the ultraactive. Before the PP law, an agreement remained in force until the parties agreed on a new one, which guaranteed, to a certain extent, a bargaining power to the unions and focused the negotiations almost always on the upside.
Prevalence of the sectoral agreement
Another aspect is the prevalence of sectoral agreement about the company. Even Rajoy always sent those of the agreement, which implied that a company could only make its own agreement to improve what was agreed at the sector level. The idea of the Ministry of Labor is to return to the pre PP box with its new labor reform.
Another element on the table that would be more to introduce than repeal is the reform of the Outsourcing. Under the idea that an outsourced worker cannot therefore charge less and have worse conditions than one from the main company.
The Government and social agents are also talking about limiting the temporality. For this they want to reduce the types of contracts to three: permanent, temporary and training. And on the eventual, the idea of Work is to limit to a maximum of 15% the eventuals that a company may have on the staff and make it difficult to dismiss the temporary, by qualifying as null the dismissals of eventual fraud. It is also intended to generalize the indefinite contract in the ETTs. These two points are new and are not due to a direct reaction to the PP regulations.
And what is not on the table?
There are several issues that the Government is not challenging about the inheritance received from the PP. Those related to dismissal are the most relevant. That is, the Executive intends to legislate on the conditions of negotiation and contracting, but only on those of dismissal. Legislate on those who are and on those who enter, but not on those who leave. One of the effects that would have modifying the conditions of the dismissal, as they were before Rajoy, would be to increase business costs, an element that is being ignored, in order to seek consensus with the employer.
45-day compensation
One of the pillars that Marian Rajoy reformed in her royal decree is the amount of severance pay. Until his arrival, a worker when he was unfairly dismissed received compensation of 45 days per year worked, with a maximum of 24 monthly payments. Now that amount is in 33 days. None of the drafts exchanged so far has anything to do with this item.
Related news
Another element, linked to the first, was that of the ‘processing salaries‘. That is, if a worker was fired, denounced the company and won, the company was obliged to pay him the salary that he should have received from the time he was fired until a judge has forced him to reinstate him. This added to the corresponding compensation, which triggered the cost that the company had to assume and encouraged agreements and conciliations.
The changes in the PP had an impact in this regard. As a sample, the statistics on judicial matters periodically updated by the Ministry of Labor. In 2013, a worker received, on average, 14,944 euros as compensation agreed for an individual conflict with the company. In 2020 that same amount was 9,583 euros, 36% less. “The incentives for the company to sit down and negotiate were much higher,” says the director of the legal department of CCOO de Catalunya, Jonathan Gallego.
Administrative authorization of the ERE
The dismissal is the great forgotten of this new labor reform and the Government does not consider it opportune to recover the administrative authorization of the employment regulation files (ERE). Before Rajoy, when a company wanted to carry out a massive layoff – either to close or to restructure its business – it had to negotiate it with its workers and try to reach an agreement. Well, without this, the chances that the labor authority would knock down the file were high. Now, if a company wants to start an ere and duly justifies its causes, the administration can only try to mediate to improve the conditions for workers to leave, without imperative capacity.
Reference-www.elperiodico.com