The Government approves the prevalence of regional collective agreements agreed with the PNV | Economy | EUROtoday

The Council of Ministers authorised this Tuesday the prevalence of regional agreements over state ones, as reported by the PNV. “The modification of the Workers' Statute so that regional collective agreements prevail over state ones, which is part of the EAJ-PNV investiture agreement, will come into force immediately,” says the Basque group in a message despatched to the media. Communication. It is a change that the unions don’t see solely favorably and overtly criticize from the administration management, above all, and past the content material of the measure, for the truth that it was authorised outdoors of social dialogue. The purpose why the Government has not negotiated this regulatory change is that it’s a part of the commitments reached with the nationalist pressure to acquire their assist within the final investiture of Pedro Sánchez.

The precise authorized modification included within the decree grants utility precedence to “autonomous community agreements and interprofessional agreements of the autonomous community over any other sectoral agreement or state-level agreement, provided that said agreements and agreements obtain the support of the majorities required to constitute the negotiating commission” and supplied that “its regulations are more favorable for workers than those established in state agreements.” Likewise, provincial collective agreements could have this identical utility precedence “when this is provided for in regional interprofessional agreements” and likewise if these texts set up extra favorable situations than state agreements. The second vice chairman and Minister of Labor, Yolanda Díaz, obtained a query about this on the press convention after the Council of Ministers, however she didn’t reply.

The Government additionally authorised this Tuesday the decree-law of the unemployment profit reform, which raises the vast majority of quantities from 480 euros per thirty days to 570. This was one of many milestones of the Recovery Plan linked to the fourth disbursement of European funds , assigned to a deadline that Spain failed to satisfy (and that was postponed) as a result of preliminary rejection of the Congress of Deputies. This delay in approval will imply a delay of some days in comparison with the interval initially deliberate for receiving the funds, reviews Manuel V. Gomez. The norm will quickly face the parliamentary process once more, this time with the assure of a vote in favor of Podemos, whose refusal (together with that of PP and Vox) derailed the reform in January. On the opposite hand, the Executive has additionally authorised a change within the Workers' Statute that eliminates computerized dismissal resulting from everlasting incapacity or main incapacity and the prevalence of regional agreements over state ones, as had been agreed with the PNV.

The group led by Ione Belarra modifications the route of the vote relating to the subsidy reform as a result of the brand new textual content maintains the contribution base of beneficiaries over 52 years of age at 125%, one thing that was not contemplated within the authentic rule. In addition, it protects extra teams and generalizes the compatibility of the subsidy and contributory profit with work. The reform has the endorsement of the unions, however not of the employers.

“This is not about a small fee,” mentioned the second vice chairman. “This is about rights and a characteristic that we must highlight: 80% of people who receive unemployment benefits do not exhaust this benefit. I say this to deconstruct the speeches that are being made in an interested way from places that are questioning democracy.”

The subsidy reform was negotiated in an accelerated method final December, in a brand new public conflict between Díaz and Nadia Calviño. The two ministries ended up sealing an settlement that didn’t materialize resulting from parliamentary rejection of the legislation. After that setback, the chief of Sumar opened the content material of the norm to social dialogue. Once once more, Labor solely managed to achieve an settlement with the employees' representatives, with these of the employers towards the adopted settlement. “There has not been a true negotiation within the framework of social dialogue, but simply a consultation process. It could seem that the urgency of the process for the signing this Wednesday (a day and a half) responds more to a political strategy before the elections next Sunday[inreferencetotheCatalanelections}thantothewilltoreacharealagreement”hesaidtheCEOEinastatement[enreferenciaaloscomicioscatalanes}quealavoluntaddealcanzarunacuerdoreal”dijolaCEOEenuncomunicado

The main change introduced by the reform is an increase in the amounts, which go from 80% of the Public Multiple Income Indicator (Iprem, set at 600 euros) to 95% in the first six months. That is, from 480 to 570 euros. It falls to 90% (540 euros) in the following six and to 80% (480) for the rest of the time the benefit lasts. This increase applies to most amounts, but excludes recipients of aid designed for those over 52 years of age. This benefit can be received indefinitely, unlike other modalities.

The reform extends subsidies to people who are victims of gender or sexual violence, as well as to returned emigrants, to those under 45 years of age without family responsibilities that exhaust the contributory benefit (they will receive a maximum of six months) and to eventual farmers throughout the country. State (currently only seasonal workers in the countryside of Andalusia and Extremadura received similar aid).

On the other hand, the rule generalizes the compatibility of the subsidy with employed work, full-time or part-time, “with the perception of an employment support supplement” for a maximum period of 180 days, in one or more relationships. labor. The amount that can be made compatible will be reduced depending on the working hours of the compatible employment, from 80% of the Iprem in cases in which the work is full-time and to 60% if less than 50% of the working day is worked. These amounts are planned for the first quarter of collection and are reduced as the following quarters pass.

All of these changes will come into effect in November, five months later than planned.

Elimination of automatic dismissal due to disability

The Council of Ministers has also approved a change in the Workers' Statute that eliminates automatic dismissal due to permanent disability or severe disability, a historic claim by the groups that defend employees in this situation. The approved text also grants the worker the right to demand that the company try to adapt the job or find one that suits their circumstances: “The company will not be able to terminate the employment contract for this reason when the worker express your willingness to continue in the company and request that the reasonable, necessary and appropriate adaptation be made to your job that allows you to continue performing it.” Díaz has said that this change “corrects” the discrimination suffered by these workers “prevents the definition of an individual with a incapacity on the earth of employment from resulting in the automated termination of the employment relationship.”

The text contemplates the possibility that said adaptation is not possible “as a result of it constitutes an extreme burden for the corporate.” The text then attempts to define what is considered an “excessive burden” for the company: “It will be taken into account whether it can be alleviated to a sufficient degree through measures, aid or public subsidies for people with disabilities, as well as the costs that the adjustments imply. in relation to the total labor cost, size and turnover of the company. Thus the interpretation remains open, but some guidelines are given to take into consideration.

The employee will have one month from the recognition of the permanent disability to claim continuity in the company. And from that declaration, the company will have a maximum of three months to adapt the position, execute the change to another position or “proceed to termination when the foreseen circumstances are confirmed.”

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