Friday, September 30

the Government is studying limiting the temporality by sectors or by company size



The focus of the Government’s labor reform is now fixed on how to reduce the temporary employment. After last Wednesday’s meeting and already thinking about the next one, the Executive has been thinking about the formula that allows it to lower the current eventuality rates in the Spanish labor market – the highest in the world. European Union– and that the employers and unions are happy. From the generalized ceiling of 15% that he put on the table to unravel the negotiations, this now turns more specific recipes and on the table of social dialogue there are two ways on which it has already been debated in previous meetings: setting maximum limits of temporality depending on the sectors and / or stagger these percentages according to the size of the companies.

“There is a proposal that we all agree on, which is to return to the causality, that is, that the ordinary contract is indefinite and that a temporary contract will have to be justified, “said the Second Vice President and Minister of Labor this Thursday, Yolanda Diaz; in an act of the UGT. And despite the fact that from Labor they want to redirect efforts to talk about this causality, the focus of divergence that will foreseeably star in next Wednesday’s meeting on the labor reform will be that generalized cap of 15% of temporary employment.

The paternity (or maternity) of the figure, which appears explicitly in the last draft passed on to the social agents, is not clear. But what all the parties have stated in public is that they are not totally satisfied with it. Díaz has been insisting that the idea “has not come out”From your department. The unions do not want to take the percentage off the table, but they also do not see it clear to leave it only in a general and equal index for everyone. And the employer also rejects a generalized formula and directly appeals to evaluate sector by sector.

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The idea of ​​introducing nuances within that general percentage of temporality is already present in the first draft that caused the controversy. It speaks of a general percentage of 15% “or the lower percentage that, where appropriate, is established by collective bargaining.” The bosses are openly in favor of dissecting this issue by unions. “In the temporality it will be necessary to go by sectors”, has declared the president of CEOE, Antonio Garamendi; this Thursday during his attendance in Córdoba at the XX Congress of CEDE Directors.

The centrals with majority representation, for their part, have similar approaches, but with their nuances. From UGT They appeal that, if percentages are finally put on the table, some sectors would have transition periods to lower their contingency indicators to agreed levels. On CCOO, for their part, put special emphasis on studying staggered percentages depending on the number of workers that each company has.

The unions, however, have never been enthusiastic about setting a ceiling for everyone, since they understand that this can legitimize certain companies to enter into temporary contracts in fraud, but within that legal limit. In this sense, they coincide with the Ministry of Labor, which both publicly and privately have wanted to prioritize the reform of the causes of contracts.

The secret is in the cause

The negotiation on the reform of the Article 15 of the Workers’ Statute, regarding the duration and causes of an employment contract, has two legs. On the one hand there is the controversial 15% and, on the other, the causes that make said contract legal or illegal. Various sources present in the social dialogue coincide in pointing out that this limit of 15% was reflected in a Labor draft in the face of the employer’s refusal to accept the reform of the causality that was proposed to it. And that in exchange for limiting the temporality to a percentage, this question would not be restricted by the causes.

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In this sense, the last black on white in the negotiations suggests that no temporary contract can exceed one year in duration and can only be justified by anomalous peaks in activity – seasonality does not count here – or to cover vacations and sick leave. And it contemplates that, in the event that the company had fraudulently registered said contract, that is, in breach of objective causes, the temporary contract would automatically become fixed. And if the firm dismisses you, said termination will be considered void; which implies that he should be readmitted.

Next Wednesday, both employers and unions have the expectation that the Government – now represented at the table by Labor, Economy and Social Security – will present them a new document. In which it reformulates that time limit and incorporates in it some of the proposals – be it sectors, or size of companies – on which the parties have been debating in recent weeks.


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