Yolanda Díaz asks Bolaños to not intrude within the European choice on severance pay | Economy | EUROtoday

The second vice chairman and Minister of Labor, Yolanda Díaz, despatched a letter this Tuesday to her cupboard colleague and head of Justice, Félix Bolaños. In it she asks him to not intrude within the European choice on severance pay, as EL PAÍS has discovered. She asks him to withdraw the request for the recusal of a Spanish skilled from the committee that can determine in Strasbourg whether or not the nationwide dismissal rules respect the European Social Charter. The consultant of Spain earlier than the European Committee of Social Rights (CEDS), which will depend on Justice, has requested the president of this physique to problem the aforementioned skilled, Carmen Salcedo. She does so as a result of in July 2022, 4 months earlier than being appointed following the advice of the Spanish Executive itself, Salcedo wrote an article through which she argued that the present rules don’t adjust to the Charter, precisely the problem that the Committee will resolve. UGT request. These are the “manifest interferences” that the union has been accusing the Government of in current weeks and that the Ministry of Justice denied in Congress.

Díaz sends this letter after the data revealed by this newspaper this Monday, through which these actions of the Executive had been described. In the letter Díaz expresses concern and shock at this tried recusal and vindicates Salcedo's profession. Furthermore, he believes that it might give a critical precedent that may be identified to different specialists sooner or later. EL PAÍS has requested Justice for some touch upon the matter, however has not supplied it.

PSOE and Sumar dedicated of their Government program that the dismissal rules adjust to the European Social Charter. If the Committee interprets that the Spanish rules reply to this textual content, which Spain endorsed as a complete in 2021, the socialists (the least obsessed with the potential for addressing this difficulty) would have an argument to depart it as it’s. If he agrees with UGT, after which with CC OO in one other comparable declare, Sumar would have all the things he can to demand a change. The thesis of the unions, and of the coaching led by Yolanda Díaz, is that compensation for unfair dismissal doesn’t at all times compensate for the harm prompted to the employee, particularly when the employment relationship has been brief. The Charter establishes “the right of workers dismissed without valid reason to adequate compensation or other appropriate relief.” And the utmost of 33 days per yr labored within the Spanish tax system, some labor specialists interpret, isn’t at all times “adequate” or “reparative.”

The consultant of Spain requested Salcedo's recusal relating to the dismissal in a letter dated November 16. “From what we have learned, the Committee planned to meet shortly after to debate and issue a resolution that was presumed to be very favorable for the UGT,” defined this Monday the group's Deputy Secretary General of Trade Union Policy, Fernando Luján. The union member assured that, based mostly on the data he has collected, Salcedo's request for recusal prevented the problem from being addressed on these dates.

A spokesperson for the Council of Europe, to which the Committee experiences, doesn’t reply this newspaper in regards to the coincidence of those occasions, nor does he specify whether or not this difficulty was deliberate to be addressed within the final days of November or the start of December. “Usually, the delay for a resolution on the merits of a claim is up to four years. During the procedure there are usually several deliberations. Therefore, it is difficult to predict when that particular collective claim will be resolved,” says the identical spokesperson.

Likewise, he refuses to element the standing of Salcedo's recusal: “This internal procedure is confidential.” As this newspaper has discovered, the president of the Committee has not but communicated whether or not or not he removes Salcedo on this matter. The Council spokesperson additionally highlights that challenges are “common in jurisdictional, or quasi-jurisdictional, procedures as in the case of the CEDS.” Other consulted sources conversant in the method don’t consider this, and classify this try by the Spanish illustration as “something never seen before.”

This newspaper has tried to contact Salcedo to search out out his opinion on the matter, however he prefers to not remark as a result of responsibility of confidentiality imposed on him by being a member of the Committee.

Why is the recusal requested?

The article for which the Spanish consultant singles out Salcedo is titled The European Social Charter and the collective complaints process. A brand new and distinctive state of affairs within the labor legislative frameworkand was revealed in July of final yr within the journal Work and regulation. In it, the professor from the Department of Labor and Social Security Law of the University of Valencia talks in regards to the Spanish dismissal rules and the judicial rulings which might be pointing in a path just like that indicated within the Charter. “The statements recognize that the same corporate extinguishing conduct can cause different harm to workers depending on their circumstances. If these are quantified in the lawsuit and proven in the trial, all damages and losses (consequential damages, loss of profits, moral damage…) that the illegal act has caused must be compensated,” she signifies.

The principal phrase that Spain makes use of to level out Salcedo is the next: “When the CEDS is pronounced, one more reason will be added, if it is done in coherence with the previous ones. That is to say, the regulations governing compensation for unfair dismissal are not in accordance with the Revised European Social Charter according to consolidated jurisprudence of the CEDS.”

The recusal doc bears the signature of Alfonso Brezmes, in workplace since 2018 and appointed by the Government of the favored Mariano Rajoy. The successive governments which have handed since then have stored him in workplace. “Salcedo offers a number of reasoning and value judgments that represent a clear position of the author in favor of these theories defended by the UGT and CC OO unions,” he signifies within the letter addressed to the president of the CEDS, Aoife Nolan, to the which asks that Salcedo not participate within the periods through which the claims of the Spanish unions are resolved.

Salcedo doesn’t characterize Spain within the Committee, made up of 15 prestigious members from totally different international locations. The unions have at all times been hopeful in regards to the decision of this physique as a result of it has already dominated in favor of the employees' representatives in different comparable instances, twice with respect to France, as soon as underneath Italian rules and as soon as underneath Finnish rules.

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