Tuesday, March 26

The Kellys, against the labor reform: “We expected more from Yolanda Díaz”


The housekeepers are angry and disappointed with the terms of the labour reform because it does not solve the main problems that affect their group, especially the Outsourcing.

“No one is up for the job of fixing the problem that precarious women have. (…) The newspaper of Spain María del Mar Jiménez, spokesperson for Las Kellys Madrid.

The reform of the Government is disappointing because it does not fulfill the promise of the coalition pact to modify article 42.1 of the Workers’ Statute to limit subcontracting to specialized services outside the main activity of the company.

The outsourcing of cleaning Hotels underlies the degradation of working conditions and precariousness of the chambermaids: many have ended up working for multi-service companies where they earn much less than what they earned when they were subject to the hospitality agreement and worked directly for the hotels.

“We have been trying for five years to pull back Article 42. Subcontracting has not been touched. (…) The president of the businessmen made it clear that not even a comma could be touched,” says Jiménez.

One of the changes that are introduced is that the workers will not be able to earn less than the salary stipulated by the sectoral agreement, but the chambermaids indicate that the majority she is hired as a cleaner, not as a waitress, so the governing agreement is cleaning and not hospitality. The salary difference can be up to 400 euros Between both. “You are not hired as a chambermaid, but as a cleaner in service companies and this does not influence us at all,” Jiménez complains.

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“Monday”

The Kellys also emphasize that, regardless of salary, the application agreement will continue to be that of the company, so “the rest of the discrimination and abuses remain“, as the Kellys Madrid said when the terms of the reform were known.

Jiménez says that service companies they do not hire full-time, but for four or six hours, but they require the workers to cover a excessive number of rooms They end up doing overtime that is not paid.

“It is our life and our health. We are not recognized for any occupational disease. (…) In the end this will happen in all sectors, we started, but the wave will reach everyone”, warns this waitress from Madrid .

“Neither politicians nor businessmen are for the work of helping the kellys. Women will always be second-class citizens“, emphasizes Jiménez, a chambermaid in Madrid.

Some politicians, such as Íñigo Errejón (More Country), have shown their dissatisfaction with the reform and have raised their voices to denounce that it continues to affect groups such as chambermaids. However, Jiménez no longer believes anyone: “We have it very clear after five years in the fight, nobody cares about our situation. When it comes to giving visibility to their parties, the PSOE, the PP, United We have done it, all the parties have done it because they are votes for them, but nothing more, “he laments.

“You’ll see how in the face of the next elections everyone remembers the kellys, but at the moment of truth they do nothing“, sentence.

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Minor changes

The agreement reached by the Government, employers and unions at the end of the year modifies article 42 of the Workers’ Statute, which refers to subcontracting, but with less ambition of what was raised in the early stages of the negotiation, months ago.

The most important change is the one that establishes that “the collective agreement applicable to contractors and subcontractors will be the sector of the activity carried out in the contract or subcontract”, That is to say, that a company that is dedicated to cleaning will have to be governed, in principle, by the norms of the reference agreement (provincial, regional or state) of cleaning, avoiding the workers being subjected – as provided by the labor reform 2012- to company agreements, which could lower salary and working conditions with respect to the sectoral agreement.

But the power of that change is lowered by the wording included below, which were incorporated into the final section of the negotiation, when an effort was made for the employer to enter into the agreement: to the general provision that governs the activity agreement is added “Unless there is another applicable sectoral agreement”, Which gives scope for multi-service companies, which are engaged in various economic activities, to classify their workers in the category that pays the least, especially when it comes to similar tasks (as happens with chambermaids and cleaners ).

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In addition, it is established that “when the contractor or subcontractor has its own agreement, this will be applied”, which leaves in practice in the hands of the subcontractor freedom to set all the conditions your employees as you please, except for the salary, which must respect the sector reference.

In the drafts of the reform that were negotiated before the summer, the limits to companies were stricter: the subcontractor was not allowed to choose the reference sector agreement, and it was specified that the rules of the company agreement could only be applied “always that this conventional norm guarantees, at a minimum, the same rights as the sectoral agreement ”.


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