The unions launch their roadmap: dearer dismissals, limits on part-time and financing to barter agreements | Economy | EUROtoday

The CC OO and UGT unions have launched this Tuesday their most quick roadmap for negotiations with the Government and employers. This is a doc titled Unitary union proposalwhich incorporates 4 foremost axes of proposals to reform dismissal from prime to backside to make it dearer and troublesome; eradicate the abuse of part-time employment by limiting its use; regulate by regulation the exercise of social dialogue and the negotiation of agreements, establishing public financing for this; in addition to a decalogue to succeed in a social and political pact to make housing accessible.

The reformulation of the remedy of dismissal is the central key to this proposal, with which they purpose to adjust to the resolutions of the Council of Europe on this regard. As defined by the Secretary of Union Action of CC OO, Javier Pacheco, through the presentation of this platform for union motion, the purpose is to switch the regulation “to change the focus from seeking the true cost for companies to compensation that deters the abusive use of dismissal and compensates and protects the worker.”

To this finish, the facilities suggest that severance funds be made up of three elements: a minimal compensation (which they don’t specify, however consult with the Italian and French instances, the place they’re six and three months of wage, respectively); compensation, like the present one, assessed, which in addition they don’t specify, however level out that the negotiation for this reform ought to begin inside 45 days and never the present 33; and, thirdly, generalize the chance for the decide to grant extra compensation to restore damages if he so considers.

Along with this new compensation scheme, the unions make different proposals, which they place on the identical degree of significance to discourage the abusive use of dismissal by firms. Specifically, they suggest: recovering processing salaries in all instances (those who happen between the second of the employee’s dismissal and the judicial decision of the termination). In addition, they suggest “greater intervention” by the Labor Inspection and the labor authority in collective dismissals. On this final level, the deputy normal secretary of union coverage of UGT, Fernando Luján, has specified that it’s not a lot about totally recovering administrative authorization within the ERE – till 2012 the labor authority depending on every group or the State had the final phrase and will authorize or reject any collective dismissal – however relatively about “reinforcing the role of said authority, especially in strategic sectors for employment and production.”

Likewise, they demand different authorized modifications concerning dismissal that will contribute, in line with Pacheco, to discourage employers from abusive use and rebalance the forces in labor relations, akin to reversing the choice of reinstatement in dismissals which might be declared unfair. Currently, in these instances it’s the firm that decides whether or not it chooses to compensate the employee or reinstate him, however CC OO and UGT suggest that it’s the employee who makes that call. That, in follow, could be changing all unfair dismissals into null and void, a qualification that’s now essentially reserved for instances during which elementary employee rights are contravened.

Also when it comes to terminations, the unions suggest that employers who dismiss their workers for not passing the trial interval should give larger justifications for the explanation why they’re terminating the contract. And in addition they advocate repealing sudden ineptitude as an goal trigger for particular person dismissal.

However, what was introduced this Tuesday is just the beginning proposal for a future negotiation within the social dialogue, which is predicted to be unsure to say the least, because the employer chief of CEOE, Antonio Garamendi, already introduced final fall that employers wouldn’t attend any desk during which this dismissal reform was addressed. To reject these conversations, employers cling to the Supreme Court’s decision that considers that the present compensation scheme for unfair dismissal doesn’t accommodate the extra compensation demanded by the unions.

CC OO and UGT have transferred that decision from the Supreme Court to the Constitutional Court, however they take into account that it’s not essential to attend for its ruling to advertise the dismissal reform that they demand, as a result of it impacts extra points than mere compensation. For this cause, Luján and Pacheco have indicated that, after the publication of this unitary platform, they may ahead this proposal for dismissal reform to the Ministry of Labor and can anticipate its response.

Limits to the abuse of half time

The different main proposal in regulatory issues within the office impacts part-time contracts. The unions intend to cease the abuses of this contractual modality by making it in order that, simply because the labor reform did with the everlasting contract, the rule says that the full-time contract should be the unusual normal one. And it will probably solely be utilized in instances the place its use is justified.

To do that, they suggest that the contract should justify the explanation why it’s not carried out full-time, and if it’s not adequately documented, it is going to mechanically change into full-time. Furthermore, in sensible issues, the partial contract might not exceed 80% of the unusual working day, together with extra hours. They additionally suggest prohibiting the fragmentation of the day on this modality, besides in days exceeding 60% of the total time by specific and justified settlement.

They additionally demand a brand new regulation of the so-called complementary hours (these which might be carried out past the part-time because of the wants of the employer) in order that they’re compensated as additional time hours (now their cost is decrease) and may be consolidated to extend the length of the initially agreed part-time. Likewise, they suggest that the employee can even cancel the work of extra hours and that these workers have precedence within the full-time job vacancies that exist within the firm.

Money to barter

A 3rd path of reform proposed by CC OO and UGT this Tuesday impacts the regulation of the institutional position of unions and employers. Specifically, they suggest an articulated regulation that establishes the factors for each tripartite participation in social dialogue (Government, commerce union facilities and employers) and on the bipartite degree, just for employers and unions. As the principle novelty, they formally demand “annual financial contributions” of a public nature to finance the actions of social dialogue and the negotiation of collective agreements, in line with the illustration acknowledged by every of the events.

Having stated all this, solely the dismissal proposal is in an incipient second of negotiation, whereas the problems associated to part-time employment and the institutional regulation of social brokers will not be but on the quick agenda of the Executive.

Aside from the completely labor-related challenge, each facilities have introduced inside this roadmap a proposal to succeed in a social and political pact for housing that’s primarily based on the intensive creation of a public inexpensive housing inventory by means of “an investment fund for promotion and public control”, which funds between 50,000 and 100,000 inexpensive properties yearly. And the institution of quick measures akin to protected rental applications; the limitation of the utmost rental worth; the regulation of housing for vacationer use or the facilitation of mortgage credit score, amongst different points.