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BusinessYolanda Díaz defines the "three essential elements" for the future dismissal reform

Yolanda Díaz defines the “three essential elements” for the future dismissal reform

The Ministry of Labor’s plans for the new legislature are already underway. The second vice president and Minister of Labor, Yolanda Díaz, detailed them this Monday in an appearance at her own request in the Congress of Deputies. Among them, Ella Díaz has mentioned “three essential elements” of the dismissal reform that she intends to undertake in this mandate, which will address both its causes and costs. The person in charge of Labor has also announced that she will soon convene the panel of experts for the future Labor Statute of the 21st century.

The second vice president recalled firstly that Labor’s “next step”, the reduction in working hours that begins to be negotiated this week with social agents, is widely “supported by citizens”, as reflected in a recent survey. of 40dB, published by El País. “Also by voters on the right, even those on the extreme right, it is the measure that improves people’s lives,” Yolanda Díaz highlighted with the results of the questionnaire.

Among the pending reforms of Yolanda Díaz, another of the most notable is the one that affects dismissal, which after a tough negotiation was added to the coalition agreement of the PSOE and Sumar. The head of Labor has mentioned “three essential elements” of the changes that she intends to approve in this regard, which will be negotiated in social dialogue with unions and employers, as well as with the rest of the political formations.

1) The European Social Charter and the cost of dismissal

The second vice president has highlighted that the dismissal must be adapted “to the requirements of the European Social Charter”, which establishes two goals that must be guaranteed with regard to dismissal compensation. On the one hand, that it “adequately repairs the damage caused when someone is fired unjustifiably” and, on the other, that the cost “is sufficiently dissuasive,” recalled the Minister of Labor, something that is not currently met in the opinion. her.

Díaz has argued that Spain is an “anomaly” in allowing companies to predict in advance the cost of dismissing someone unfairly, with compensation already assessed based on the length of service in the company (33 days per year worked). ).

This reform is marked by the lawsuit that UGT, and then CCOO, presented before Europe against the dismissal cost of unfair dismissal in Spain and which is still pending a verdict. After the complaint, at the end of the last term, Yolanda Díaz began to advocate moving towards a “reparative dismissal”, which will allow different compensation to be recognized depending on the situation of the workers.

Some partners of the Government in the legislature, such as EH Bildu and ERC, have opted for measures such as “recovering processing salaries”, which were eliminated in the PP’s last labor reform, as well as making compensation more expensive. The majority unions have also proposed alternatives such as imposing a minimum compensation regardless of the seniority of the workers, to prevent the termination of the most recent employees from being so “cheap.”

2) The causes for dismissal will also be reviewed

Yolanda Díaz’s intention is not only to touch on compensation for layoffs, but also to tighten the causes for which companies are allowed to be laid off. “That they reinforce the reasons for amortizing jobs,” she maintained.

The Minister of Labor recalled that the 2012 PP reform facilitated the possibilities for dismissal, something that in her opinion should be “an exception”, so it is understood that the changes that the Ministry will promote are intended to toughen some of these doors to dismissal.

Once again, EH Bildu and ERC, indispensable partners of the coalition Executive, have opted to recover prior administrative authorization for collective dismissals (ERE). The past mandate, thanks to an agreement with EH Bildu, the prior control of the Labor Inspection in these cases was reinforced, but it is not an administrative authorization like the one that existed in the past. Yolanda Díaz has defended this regulation as “better” than the previous administrative authorization.

3) Goodbye to automatic dismissals due to disability

Finally, Yolanda Díaz has placed as a third element the elimination of the “automatic” dismissal of workers with permanent disabilities, with “sudden disability”, as announced last week after the verdict of the Court of Justice of the EU against Spanish legislation. .

Although she did not point it out this Monday, the Minister of Labor stated last week that this change will be addressed “imminently”, before the rest of the dismissal reform, which is expected to be delayed in time, after being negotiated in social dialogue and with the rest of the political formations.

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