スペインの最終的な労働改革が実効に
La reforma laboral definitiva se publica en el BOE y entra en vigor
El nuevo marco abarata el despido al aclarar las causas y rebajar la indemnización
The final labor reform is published in the Official Gazette and takes effect
The new framework lowers the dismissal to clarify the causes and reduce the compensation
Manuel V. Gomez Madrid 7 JUL 2012 - 18:44 CET
The new framework lowers the dismissal to clarify the causes and reduce the compensation
Manuel V. Gomez Madrid 7 JUL 2012 - 18:44 CET
The final labor reform entered into force. The Government Gazette published on Saturday the version that passed the House of Representatives on 29 June, so it starts to govern now. However, the labor reform is in effect since last February, when the Government approved through an executive order. This pathway allows a rule becomes effective immediately and then modified during the parliamentary process.
This last reform of the Workers' Statute was the deepest since the adoption of this standard in 1980 and is highly contested from the trade union on the grounds that opens the door to the unilateral decision of the entrepreneur in many aspects of industrial relations (dismissal bargaining, substantial changes in working conditions, ...). The main trade unions, UGT and CCOO, have called several demonstrations against him since the adoption on 10 February and a general strike, which was held last March 29.
The labor reform significantly lowers the cost of dismissal for a double track. On one hand it facilitates the dismissal order, the lowest with 20 days per year worked, to be defined as economic cause the chain of three consecutive quarters of falling sales in both the individual and layoffs in the groups. This severely limits the scope for action of the judges at the time of issue if a dismissal is appropriate or not. At the same time, eliminates the administrative approval of job redundancy, allowing just after the negotiation period (one month) the employer runs its decision according to the representatives of workers. The other way that lowers the layoff is the reduction in the price of unfair dismissal of 45 days per year worked to 33.
The labor reform lowers the dismissal on two ways: it clarifies the causes and compensation reduction
In addition to facilitating the dismissal in the private sector, the reform also removes barriers to public sector. The drafters of the standard have been very aware at the time of manufacture it the fiscal adjustments required to Spain and Brussels have a bridge of silver for the terminations of contracts in government and agencies under it (enterprises, corporations, foundations ...) . The economic reform set to cause the "budget shortfall" for three consecutive quarters in order to carry out collective redundancies.
One of the major objectives of the reform is to facilitate the reduction of wages. With the new rule, an employer is allowed to unilaterally alter the material terms of work (day, time, transfer or pay to the base amount fixed in the collective agreement) if wields reasons such as competitiveness or chaining two consecutive quarters of falling sales .
There are also large changes in collective bargaining. Since February the agreements have an expiration date: the ultra-activity, the indefinite extension of the agreements but are not renewed, passed away. The decree law is set at two years extension. And the Congress of Deputies has been shortened by one, in what has been one of the most significant twists during the parliamentary process. Addition, to encourage non-compliance with an agreement (called lift) when a company is in trouble set a final arbiter on the National Advisory Committee on Collective Agreements.
The last change of collective bargaining deep hierarchies changed conventions. Gave preference to the agreements signed on the front companies that were achieved in the sectors, autonomous regions or provinces.
There will be a before and after in collective bargaining after the new changes to the Statute
The labor reform also created a new work contract that can only use the self-employed and businesses with fewer than 50 workers. This figure, which carries with bonuses, set a trial period of one year during which the employee may be dismissed without compensation.
During the parliamentary process, this contract has undergone a change in setting would be in force only while unemployment was above 15%. Although the change seems important at first glance, the high level of current unemployment (24.4%) and forecasts of high unemployment for a long time, I predict a long life to this contract that the Director General of Employment Xavier Thibault, called "contract of crisis."
Congress also established a limit to the possibility that firms can fire workers at low repetition, even if justified. The reform allows dismissal when an employee absent from his post for nine days in two months. In parliament, the casualties were excluded by serious illness or the consequences of their treatments (cancer) of this computation.
The Senate, meanwhile, set the hierarchy of the public sector layoffs. With the writing that came out of the Senate states that when the Administration to launch a layoff, the last to be laid off permanent employees will be those who have been some opposition to get the job.
Once approved, published and current labor reform, labor market connoisseurs expected to increase the number of redundancies as they are finished with the uncertainties about possible changes that could occur during the parliamentary process.
This last reform of the Workers' Statute was the deepest since the adoption of this standard in 1980 and is highly contested from the trade union on the grounds that opens the door to the unilateral decision of the entrepreneur in many aspects of industrial relations (dismissal bargaining, substantial changes in working conditions, ...). The main trade unions, UGT and CCOO, have called several demonstrations against him since the adoption on 10 February and a general strike, which was held last March 29.
The labor reform significantly lowers the cost of dismissal for a double track. On one hand it facilitates the dismissal order, the lowest with 20 days per year worked, to be defined as economic cause the chain of three consecutive quarters of falling sales in both the individual and layoffs in the groups. This severely limits the scope for action of the judges at the time of issue if a dismissal is appropriate or not. At the same time, eliminates the administrative approval of job redundancy, allowing just after the negotiation period (one month) the employer runs its decision according to the representatives of workers. The other way that lowers the layoff is the reduction in the price of unfair dismissal of 45 days per year worked to 33.
The labor reform lowers the dismissal on two ways: it clarifies the causes and compensation reduction
In addition to facilitating the dismissal in the private sector, the reform also removes barriers to public sector. The drafters of the standard have been very aware at the time of manufacture it the fiscal adjustments required to Spain and Brussels have a bridge of silver for the terminations of contracts in government and agencies under it (enterprises, corporations, foundations ...) . The economic reform set to cause the "budget shortfall" for three consecutive quarters in order to carry out collective redundancies.
One of the major objectives of the reform is to facilitate the reduction of wages. With the new rule, an employer is allowed to unilaterally alter the material terms of work (day, time, transfer or pay to the base amount fixed in the collective agreement) if wields reasons such as competitiveness or chaining two consecutive quarters of falling sales .
There are also large changes in collective bargaining. Since February the agreements have an expiration date: the ultra-activity, the indefinite extension of the agreements but are not renewed, passed away. The decree law is set at two years extension. And the Congress of Deputies has been shortened by one, in what has been one of the most significant twists during the parliamentary process. Addition, to encourage non-compliance with an agreement (called lift) when a company is in trouble set a final arbiter on the National Advisory Committee on Collective Agreements.
The last change of collective bargaining deep hierarchies changed conventions. Gave preference to the agreements signed on the front companies that were achieved in the sectors, autonomous regions or provinces.
There will be a before and after in collective bargaining after the new changes to the Statute
The labor reform also created a new work contract that can only use the self-employed and businesses with fewer than 50 workers. This figure, which carries with bonuses, set a trial period of one year during which the employee may be dismissed without compensation.
During the parliamentary process, this contract has undergone a change in setting would be in force only while unemployment was above 15%. Although the change seems important at first glance, the high level of current unemployment (24.4%) and forecasts of high unemployment for a long time, I predict a long life to this contract that the Director General of Employment Xavier Thibault, called "contract of crisis."
Congress also established a limit to the possibility that firms can fire workers at low repetition, even if justified. The reform allows dismissal when an employee absent from his post for nine days in two months. In parliament, the casualties were excluded by serious illness or the consequences of their treatments (cancer) of this computation.
The Senate, meanwhile, set the hierarchy of the public sector layoffs. With the writing that came out of the Senate states that when the Administration to launch a layoff, the last to be laid off permanent employees will be those who have been some opposition to get the job.
Once approved, published and current labor reform, labor market connoisseurs expected to increase the number of redundancies as they are finished with the uncertainties about possible changes that could occur during the parliamentary process.
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