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スペインの労働法改革(改悪?)で、解雇自由(当局の許可不要)、退職金の減額(1年の労働に付き45日か30日から20日に),労働時間の変更自由、労働内容·条件·場所の変更自由、経営悪化による解雇自由(当局の許可不要)
Reforma laboral: primera fase
Las compañías rebajan salarios, cambian horarios y utilizan despidos objetivos y disciplinarios mientras se tramita la normativa del PP
Labor reform: first phase
The companies will reduce wages, hours and change using objective dismissals and disciplinary rules while processing the PP
Carmen Sanchez-Silva Madrid 20 MAY 2012 - 00:00 CET
The companies will reduce wages, hours and change using objective dismissals and disciplinary rules while processing the PP
Carmen Sanchez-Silva Madrid 20 MAY 2012 - 00:00 CET
In the absence of stretch in the parliamentary process of labor reform, which was finally approved next month if the forecasts, there are few companies have taken to use the decree (in force since February) in the belief that they will not have a better situation than the present to start its restructuring plans templates. The force that the decree has given to employers in labor relations (and they were waiting) is noticeable and, although it is too early for official statistics clearly reflect what the truth is that many workers have already suffered in the flesh.
And this will continue when the political groups give the final wording of the law and correct some of the loopholes that are now being worth the companies to shed their extra employees more easily. The economic crisis makes easier to justify the firings.
"Companies are trying to implement the standard, possibilities that never existed before and now they are given. It is not abuse. With labor reform saves money and that's a very clear benefit to them. Although there are cases, especially in groups of companies, which make-up balance sheets, are unaudited accounts, letters of dismissal to be justified merely by declining sales, falsified data ... and now that's an abuse, "says Judge Miguel Angel Purcalla.
Figure stars that are being worth the companies in this first phase of implementation of labor reforms to reduce labor costs is a substantial change in working conditions. The worsening of the economic crisis causes many organizations can not survive without lowering wages, change shifts and working hours, remove your personal ... to avoid layoffs, thus following the goal proclaimed by the Government. But others "are doing a very bad use of three consecutive quarters of decline in sales revenues or labor reform that allows to reduce wages or make unilateral transfers in order to encourage staff to leave with compensation for 20 days per year worked to facilitate the standard. So are forcing the outputs, "says a labor lawyer, who usually defend business interests in labor disputes, on condition of anonymity.
Technology and the telemarketing sector are the sectors that use the standard
In his view, rather than internal flexibility demanded by employers, who demanded on the grounds that this would avoid the job cuts is actually provoking.
Parliament will get a greater dimension of the economic drivers that currently justify layoffs and loss of rights acquired by employees. When removing the labor reform necessary administrative authorization to launch a record of employment regulation (ERE) and shorten the periods of negotiation between the parties, their processing is easier. In fact, the unions complain that companies are exploiting this situation to try to impose the files instead of selling, as significant changes.
Advances cheaper dismissal
Manuel V. Gomez
Just have a little over three months since the labor reform went into effect and there are few statistics, which are late, over their consequences. However, changes are beginning to appreciate substantially. So far in March layoffs justified-both individual and collective, have overtaken unfair for first time in years, based on the data of high-contributory benefits (the statistics to know more about data redundancy).
The objective terminations (the cheapest of labor law) totaled 35,480, of 32,590 extinctions of order. When looking at the numbers in the first quarter of 2012 and compared with last year must be remembered that Spain now live again a recession. However, the increase affected by redundancies from year to year has almost doubled from about 6,500 to 11,064 (this newspaper has had access to this information despite not yet been made public by the Ministry of Employment).
The disappearance of the administrative authority in collective redundancies has been key. It is not necessary that the employer will make with the unions to ensure the administration itself. This change has not only driven this way in reducing templates, has also been a reduction in compensation, because although it is still common are greater than the legally fixed (20 days per year worked) the lower union power in negotiations resulting in lower compensation.
Another significant change in the statistic is the decline of "redundancy ready". Legally this figure, it was not a lay off and while expensive, has disappeared with the labor reform. However, it still appears in the statistics of high-contributory benefits. Typically, in the coming months, this type of dismissal, which entails compensation (33 days per year worked for being inappropriate) be disappearing in the next few months of official records.
"The company is putting fear to employees. Sleeve is removed from the layoffs and threat, saying that now, with the labor reform may, "laments an employee of Ricoh Spain. The company has decided to lay off 110 employees and freeze salaries of staff for two years. Instead, the CEO of this company, Enrique Calabuig, boasts of its economic development, "Ricoh Spain has increased net sales for the past 17 years," he said last November in the Journal and Business Executives. But by the end of its fiscal year, on March 30, was scheduled this unpleasant surprise. Days before collective redundancies announced offering 20 days per year of service allowed by law and forced workers to sign an agreement under schedule pressure. In the end, will leave 110 employees with compensation of 34 days per year worked.
Ricoh workers report that is the formula you are using the company to shed extra personnel for a cheaper contract. And so it appears from the official response that gives Ricoh when asked by the ERE that has put on the table: "In a context of global economic recession, Ricoh has been maintaining a constant number of workers in Spain, around to 1,300 employees, including increasing its workforce over the last year. The organization has reached an agreement with labor representatives to replace over the next year some other profiles. In an economic climate like the present, a company like ours is more obliged than ever to constantly adapt to market needs ... ".
The unions denounce pressures in negotiations
Companies in information technology and telemarketing business are most affected by the speed in the use of labor reform, when it is still drafting the final report embodies Bonilla, head of labor relations of CCOO-COMFIA . The union points to several examples. Ipsos has introduced a collective dismissal of 12% of its workforce and fired without compensation permanent-intermittent employees. Cibernos threat with an ERE with compensation of 20 days per year and a substantial change in the rate of pay, up to 70%. Ibermática raised the termination of over 80 permanent contracts, lowered wages and transfers. Optize modified time and salary, with cuts of up to 60%. And other companies such as Thales or Oesía are conducting layoffs due to low productivity, without compensation. CC OO-COMFIA group has filed an appeal against IBM to use a substantial change to lower wages.
However, Jesus Banegas, president of the management of information technology Ametic, says sector companies are implementing legislation, which is better than the last, though still far from being competitive with the rest of Europe.
In call centers, says Encarna Bonilla, where employment is more precarious, companies are taking advantage of the rule to reduce journeys by decree and, if not compensated with 20 days per year worked. Unitono has cut shifts day and 450 people using labor reform instead of negotiating changes in the collective agreement, as planned. Transcom has done with 30 people and has laid off another 28 by low productivity, without compensation, as well as Sitel has 45 employees. "They are taking advantage to dismiss old people to hire cheaper. Those affected have 20 days to report and business know they are a small percentage that do, thus ensuring a lower compensation, "said Santiago Alonso, state coordinator of the CGT union telemarketing.
Sykes has taken the labor reform, lack of administrative authorization for collective dismissals rid of 150 people. Last year I tried several times but not so authorized, said Bonilla. GSS Group is in its second ERE, "which justifies expected losses, but do not give accounts to check them," said Alonso and offers 20 or 29 days per year if the employee agrees not to sue the company, says secretary CGT trade union action in GSS Line, Juan Luis Arandia. The two unions claim that GSS has moved part of its call center in Peru, while hiring new workers for telemarketing campaigns.
More work for judges
Some judges are convinced that labor reform will lead to greater prosecution of labor relations. The president of the Social Chamber of the Audiencia Nacional, Ricardo Weddings, thinks so but for now, barely lawsuits have come to the hearing to respond to the decree of February. It is too soon.
They speak of a higher rate of litigation after the labor reform judges in their courts Jose Angel Folguera and Michelangelo Purcalla, Madrid and Terrassa (Barcelona), respectively. According Folguera, dismissals and disciplinary objectives have grown between 20% and 30%. "And that we only see pathological cases. Because many workers do not demand to the poor economic situation of the companies, "he explains.
To Purcalla, "since last February have increased litigation in three types of issues. Doubts about the application of procedural salaries in layoffs before the reform, the double-counting that was generated in compensation for unfair dismissal (45 days per year by decree and 33 days after enactment) and increased use of individual dismissal under billings goal and falling profits, which easily has quadrupled, "he maintains.
However, according to Judge Paul Aramendi is still too early to judge what happened after the labor reform. The Madrid court noted that the litigation has increased by 50% since 2009 and remains so in 2012. "It is from this month when we start to see the redundancies resulting from the reform in the courts of Madrid," he says in the belief that "the rule gives the employer a very high authority that may violate the vested rights of the worker. So judges have to try to find the application as constitutional as possible, ie to ensure the reasonableness and proportionality of the measures for the worker. That's the debate we will have shortly with a reform that should prevail de facto internal flexibility on extinctions "ditch.
Other resources that are being worth companies to cut their labor costs and the redundancies that address is present including fewer than 50 employees on the list. Just dodge the obligation set by the labor reform to develop a social plan includes a relocation program for affected employees. This is the procedure used, for example, the property Sotogrande, NH Hoteles, which has laid off 49 workers, or Prosegur in the Basque Country, which included 47 people.
There are lawyers who prefer to remain anonymous, who report that some companies are turning to the ERE of extinction without employees and be more expensive then a new company. Other proposed salary reductions for individual workers above 50%. Then there are those who choose to segregate in several companies with fewer than 50 workers to qualify for the bonus contracts of entrepreneurs, a new figure fixed by the worker called the trial period is one year, which could cause you to submit questions of unconstitutionality, as has happened to wages processing, agree on the judges of Social and Michelangelo Pablo Aramendi Purcalla.
And this will continue when the political groups give the final wording of the law and correct some of the loopholes that are now being worth the companies to shed their extra employees more easily. The economic crisis makes easier to justify the firings.
"Companies are trying to implement the standard, possibilities that never existed before and now they are given. It is not abuse. With labor reform saves money and that's a very clear benefit to them. Although there are cases, especially in groups of companies, which make-up balance sheets, are unaudited accounts, letters of dismissal to be justified merely by declining sales, falsified data ... and now that's an abuse, "says Judge Miguel Angel Purcalla.
Figure stars that are being worth the companies in this first phase of implementation of labor reforms to reduce labor costs is a substantial change in working conditions. The worsening of the economic crisis causes many organizations can not survive without lowering wages, change shifts and working hours, remove your personal ... to avoid layoffs, thus following the goal proclaimed by the Government. But others "are doing a very bad use of three consecutive quarters of decline in sales revenues or labor reform that allows to reduce wages or make unilateral transfers in order to encourage staff to leave with compensation for 20 days per year worked to facilitate the standard. So are forcing the outputs, "says a labor lawyer, who usually defend business interests in labor disputes, on condition of anonymity.
Technology and the telemarketing sector are the sectors that use the standard
In his view, rather than internal flexibility demanded by employers, who demanded on the grounds that this would avoid the job cuts is actually provoking.
Parliament will get a greater dimension of the economic drivers that currently justify layoffs and loss of rights acquired by employees. When removing the labor reform necessary administrative authorization to launch a record of employment regulation (ERE) and shorten the periods of negotiation between the parties, their processing is easier. In fact, the unions complain that companies are exploiting this situation to try to impose the files instead of selling, as significant changes.
Advances cheaper dismissal
Manuel V. Gomez
Just have a little over three months since the labor reform went into effect and there are few statistics, which are late, over their consequences. However, changes are beginning to appreciate substantially. So far in March layoffs justified-both individual and collective, have overtaken unfair for first time in years, based on the data of high-contributory benefits (the statistics to know more about data redundancy).
The objective terminations (the cheapest of labor law) totaled 35,480, of 32,590 extinctions of order. When looking at the numbers in the first quarter of 2012 and compared with last year must be remembered that Spain now live again a recession. However, the increase affected by redundancies from year to year has almost doubled from about 6,500 to 11,064 (this newspaper has had access to this information despite not yet been made public by the Ministry of Employment).
The disappearance of the administrative authority in collective redundancies has been key. It is not necessary that the employer will make with the unions to ensure the administration itself. This change has not only driven this way in reducing templates, has also been a reduction in compensation, because although it is still common are greater than the legally fixed (20 days per year worked) the lower union power in negotiations resulting in lower compensation.
Another significant change in the statistic is the decline of "redundancy ready". Legally this figure, it was not a lay off and while expensive, has disappeared with the labor reform. However, it still appears in the statistics of high-contributory benefits. Typically, in the coming months, this type of dismissal, which entails compensation (33 days per year worked for being inappropriate) be disappearing in the next few months of official records.
"The company is putting fear to employees. Sleeve is removed from the layoffs and threat, saying that now, with the labor reform may, "laments an employee of Ricoh Spain. The company has decided to lay off 110 employees and freeze salaries of staff for two years. Instead, the CEO of this company, Enrique Calabuig, boasts of its economic development, "Ricoh Spain has increased net sales for the past 17 years," he said last November in the Journal and Business Executives. But by the end of its fiscal year, on March 30, was scheduled this unpleasant surprise. Days before collective redundancies announced offering 20 days per year of service allowed by law and forced workers to sign an agreement under schedule pressure. In the end, will leave 110 employees with compensation of 34 days per year worked.
Ricoh workers report that is the formula you are using the company to shed extra personnel for a cheaper contract. And so it appears from the official response that gives Ricoh when asked by the ERE that has put on the table: "In a context of global economic recession, Ricoh has been maintaining a constant number of workers in Spain, around to 1,300 employees, including increasing its workforce over the last year. The organization has reached an agreement with labor representatives to replace over the next year some other profiles. In an economic climate like the present, a company like ours is more obliged than ever to constantly adapt to market needs ... ".
The unions denounce pressures in negotiations
Companies in information technology and telemarketing business are most affected by the speed in the use of labor reform, when it is still drafting the final report embodies Bonilla, head of labor relations of CCOO-COMFIA . The union points to several examples. Ipsos has introduced a collective dismissal of 12% of its workforce and fired without compensation permanent-intermittent employees. Cibernos threat with an ERE with compensation of 20 days per year and a substantial change in the rate of pay, up to 70%. Ibermática raised the termination of over 80 permanent contracts, lowered wages and transfers. Optize modified time and salary, with cuts of up to 60%. And other companies such as Thales or Oesía are conducting layoffs due to low productivity, without compensation. CC OO-COMFIA group has filed an appeal against IBM to use a substantial change to lower wages.
However, Jesus Banegas, president of the management of information technology Ametic, says sector companies are implementing legislation, which is better than the last, though still far from being competitive with the rest of Europe.
In call centers, says Encarna Bonilla, where employment is more precarious, companies are taking advantage of the rule to reduce journeys by decree and, if not compensated with 20 days per year worked. Unitono has cut shifts day and 450 people using labor reform instead of negotiating changes in the collective agreement, as planned. Transcom has done with 30 people and has laid off another 28 by low productivity, without compensation, as well as Sitel has 45 employees. "They are taking advantage to dismiss old people to hire cheaper. Those affected have 20 days to report and business know they are a small percentage that do, thus ensuring a lower compensation, "said Santiago Alonso, state coordinator of the CGT union telemarketing.
Sykes has taken the labor reform, lack of administrative authorization for collective dismissals rid of 150 people. Last year I tried several times but not so authorized, said Bonilla. GSS Group is in its second ERE, "which justifies expected losses, but do not give accounts to check them," said Alonso and offers 20 or 29 days per year if the employee agrees not to sue the company, says secretary CGT trade union action in GSS Line, Juan Luis Arandia. The two unions claim that GSS has moved part of its call center in Peru, while hiring new workers for telemarketing campaigns.
More work for judges
Some judges are convinced that labor reform will lead to greater prosecution of labor relations. The president of the Social Chamber of the Audiencia Nacional, Ricardo Weddings, thinks so but for now, barely lawsuits have come to the hearing to respond to the decree of February. It is too soon.
They speak of a higher rate of litigation after the labor reform judges in their courts Jose Angel Folguera and Michelangelo Purcalla, Madrid and Terrassa (Barcelona), respectively. According Folguera, dismissals and disciplinary objectives have grown between 20% and 30%. "And that we only see pathological cases. Because many workers do not demand to the poor economic situation of the companies, "he explains.
To Purcalla, "since last February have increased litigation in three types of issues. Doubts about the application of procedural salaries in layoffs before the reform, the double-counting that was generated in compensation for unfair dismissal (45 days per year by decree and 33 days after enactment) and increased use of individual dismissal under billings goal and falling profits, which easily has quadrupled, "he maintains.
However, according to Judge Paul Aramendi is still too early to judge what happened after the labor reform. The Madrid court noted that the litigation has increased by 50% since 2009 and remains so in 2012. "It is from this month when we start to see the redundancies resulting from the reform in the courts of Madrid," he says in the belief that "the rule gives the employer a very high authority that may violate the vested rights of the worker. So judges have to try to find the application as constitutional as possible, ie to ensure the reasonableness and proportionality of the measures for the worker. That's the debate we will have shortly with a reform that should prevail de facto internal flexibility on extinctions "ditch.
Other resources that are being worth companies to cut their labor costs and the redundancies that address is present including fewer than 50 employees on the list. Just dodge the obligation set by the labor reform to develop a social plan includes a relocation program for affected employees. This is the procedure used, for example, the property Sotogrande, NH Hoteles, which has laid off 49 workers, or Prosegur in the Basque Country, which included 47 people.
There are lawyers who prefer to remain anonymous, who report that some companies are turning to the ERE of extinction without employees and be more expensive then a new company. Other proposed salary reductions for individual workers above 50%. Then there are those who choose to segregate in several companies with fewer than 50 workers to qualify for the bonus contracts of entrepreneurs, a new figure fixed by the worker called the trial period is one year, which could cause you to submit questions of unconstitutionality, as has happened to wages processing, agree on the judges of Social and Michelangelo Pablo Aramendi Purcalla.
スペインの労働法改革(改悪?)で、解雇自由(当局の許可不要)、退職金の減額(1年の労働に付き45日か30日から20日に),労働時間の変更自由、労働内容·条件·場所の変更自由、経営悪化による解雇自由(当局の許可不要)
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