Labor guidelines out compensating the discount in working hours with additional time | Economy | EUROtoday

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The Ministry of Labor steps on the accelerator to approve the discount of the working day to 37 and a half hours as quickly as doable. The division headed by the second vice chairman, Yolanda Díaz, despatched this Friday to the social brokers the draft of the preliminary invoice that she intends to approve and that they are going to talk about on Monday in a brand new assembly. The textual content, to which EL PAÍS has had entry, doesn’t suggest a rise within the restrict of additional time, now established at 80 hours per 12 months, because the employers demanded to take part within the pact. This was the central challenge of the discussions, settled by Labor with the draft on the desk.

In addition, the rule proposes a proportional wage enchancment for part-time staff in the event that they proceed working the identical hours and can drive firms to make the workday report digital, which closes the door to the much-discussed paper information, and the Sanctions to firms will likely be given per employee who fails to conform, not per firm, which is able to multiply a punishment that till now was acceptable for a lot of firms.

The principal change launched by the norm, already identified, is the discount of the extraordinary working day to 37 and a half hours per week “of effective work on an annual basis.” It is similar wording that’s now contemplated within the Workers' Statute, with the distinction within the variety of hours. This new extraordinary working day, which cuts two and a half hours in comparison with the 40 in drive since 1983, would come into drive on January 1, 2025. The draft additionally specifies the discount to 38 and a half hours “from the entry into force of this law and until December 31, 2024.”

One of the principle calls for of the employers on the dialogue desk was that the rules open their hand with additional time. Currently there’s a restrict of 80 hours per 12 months, a restrict that CEOE and Cepyme proposed exceeding to deal with the discount in working hours. CC OO flatly rejected this selection and UGT solely opened as much as a slight improve with rather more exhaustive management and an enchancment in remuneration for these additional hours. “It is very difficult for us to find compensation elements that involve increasing overtime in our country, which as is known is a scourge. There is abuse of extraordinary work, many times unpaid,” mentioned the Secretary of State for Labor, Joaquín Pérez Rey, after the final assembly on the ministry.

Next Monday there will likely be a brand new assembly with the Labor textual content on the desk, by which no measure is proposed in favor of accelerating the utmost restrict of additional time. After that assembly, the problem of the employers being a part of the settlement grew to become clear, given the impossibility of reaching a consensus with the unions, that are near the Labor proposals. Thus, the probably situation is a brand new bipartite settlement between the Government and the facility vegetation, as is common. The solely exception within the final 12 months is the settlement to ensure equality for the LGTBI neighborhood in firms, of which enterprise homeowners are half.

Best partial remuneration

One of the principle doubts surrounding the discount in working hours was how it will apply to part-time staff, the overwhelming majority of whom have been ladies (21% of feminine staff, in comparison with 6.6% of male staff). The textual content that Labor has despatched to social brokers signifies that “they will have the right to continue doing the same number of hours of work that they have been doing.” And they need to be rewarded with a “proportionate increase in their salary.” Thus, an individual who now earns 1,000 euros for working 20 hours a month in an organization with an extraordinary working day of 40, if he maintains the variety of hours he would earn about 66 euros extra. If this path had not been taken, the wage of those staff would have been devalued in comparison with the remainder. If the extraordinary working day is already established at 37 and a half hours or much less, the change wouldn’t modify the wage of the partial employee.

The customary additionally addresses the state of affairs of individuals with diminished hours, whether or not as a result of caring for minors and dependents or for financial causes of the corporate: “They will have the right to continue doing the same number of hours of work that they had been doing before starting work. validity of this rule, with the salary effects provided for in the previous section.”

More highly effective registration

The Labor draft provides a decisive increase to the audit of working time. The ministry has been mentioning that the present time register, accredited in 2019, shouldn’t be managing to cease abuses. Hence, any longer it’s required that the registration be completed “by digital means”, given the fraud that happens in paper ones. There is jurisprudence towards these very rudimentary information, however they proceed for use and the present customary doesn’t put a cease to them. Unions level out that dishonest additionally happens in digital programs, though it’s much less frequent. The registration should be carried out by the worker “immediately at the beginning and end of each day” and in such a method that the corporate “cannot condition its content.”

“To guarantee the authenticity and traceability of the data reflected in the record, it must allow the identity of the worker who carries out the record to be unequivocally identified,” provides the rule, which introduces a bit extremely demanded by inspectors and unions. Remote entry of committees and the Labor and Social Security Inspection to the registry is ensured: “In all cases, access will be guaranteed through a system with interoperability that allows sharing and exchanging your information and data.”

Faced with this paradigm shift, Labor proposes a safeguard for workers: “Workers may not be harmed by properly making entries in the register or by exercising any other rights linked to the registration of their work day.” The working time that exceeds that agreed for every case “will be considered, as appropriate, overtime or complementary hours.”

These modifications within the registry are complemented by a modification within the sanctioning regime. If this draft is accredited, the corporate could also be sanctioned for every worker who demonstrates a faulty report, as a substitute of a world tremendous as an organization, now established between 751 and seven,500 euros. The principal financial blow was already that of the contributions not paid to Social Security, which does differentiate by employee, to which a particular punishment would now be added within the sanctioning regime.

Agreement earlier than summer season

After the final assembly, each unions and Labor insisted that they wish to attain an settlement earlier than August, which locations the possible settlement within the coming days or perhaps weeks. “I have the intuition that CEOE wants to delay the times, waiting to see if autumn arrives, with the presentation of the budgets, the situation in Catalonia gets tangled and there is an early election and there is no reduction in working hours,” mentioned the chief of CC OO, Unai Sordo, this Thursday throughout the framework of the summer season course organized this week by the Association of Economic Information Journalists (APIE) and the Menéndez Pelayo International University. Álvarez, for his half, has accused the employers of introducing “noise and smoke” into the negotiation “with bad intentions”, alluding to the forecast that Garamendi made on Tuesday that if the working day is modified drastically, the subsequent Government would change it. .

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https://elpais.com/economia/2024-06-21/trabajo-descarta-compensar-con-horas-extra-la-reduccion-de-la-jornada-laboral.html