Strasbourg admits to processing the UGT criticism about the price of extra time in Spain | EUROtoday

He European Committee on Social Rights (CEDS), primarily based in Strasbourghas admitted to processing the collective declare that it offered in January UGT towards the Kingdom of Spain as a result of our laws doesn’t stipulate the duty to pay a premium for the efficiency of the Extra hours, which they take into account violates the European Social Charter.

As EL MUNDO has discovered, this courtroom has accepted the criticism for processing, which means that now the Government and employers – Spanish and European – can current allegations till subsequent July 21. Afterwards, UGT will reply and a final spherical of allegations will likely be opened earlier than the Committee comes to a decision.

“The current Spanish labor law no guarantee, per segenerally an increased remuneration for overtime hours, as required by article 4.2 of the European Social Charter,” alleged the union led by Pepe Álvarez within the declare, alluding to the truth that our laws enable them to be paid with a wage equal to that of strange hours.

This article of the Charter stipulates that “in order to guarantee the effective exercise of the right to equitable remuneration, the contracting parties undertake to recognize the right of workers to an increase in remuneration for overtime, except in certain particular cases.” In truth, most European nations ponder of their laws an elevated fee for the sort of hours.

Having signed this Charter, Spain should adjust to all its provisions, therefore the union considers that the laws ought to change.

The Charter doesn’t set up by how a lot the fee of extra time hours needs to be elevated, however UGT considers that the International Workers Organization (ILO) has set earlier precedents indicating that within the absence of an relevant settlement, the complement needs to be set “at 25% for the first 8 overtime hours, and by 50% for the following overtime hours”.

New criticism after dismissal

This is the second collective declare that UGT presents earlier than Strasbourg and that would have an effect on nationwide laws, after the one associated to the compensation for unfair dismissal in Spain on which they’ve already issued a good opinion for the union.

This has not but been made public, though it has already been communicated to the events. The Ministry of Labor and the unions keep that the resolutions of the Council of Ministers of the EU on the request of the pronouncements of the European Committee on Social Rights are binding on the legislative stagehowever there are doubts amongst jurists in Spain about whether or not or not it’s necessary to adjust to them.