スペイン憲法裁判所は、労働改革の三つの側面を認める
El Tribunal Constitucional avala tres aspectos de la reforma laboral
Acepta el uso del formato de decreto ley para su aprobación. También respalda aspectos sobre las indemnizaciones por despido improcedente y la limitación al cobro de salarios de tramitación
Manuel V. Gómez Madrid 13 FEB 2014 - 18:18 CET
The Constitutional Court upholds three aspects of labor reform
Accept use format Decree for approval. It also supports aspects of compensation for unfair dismissal and limiting the recovery of wages of processing
Manuel V. Gomez Madrid 13 FEB 2014 - 18:18 CET
Just this Thursday, when met exactly two years since the labor reform came into force , the Constitutional Court has announced its endorsement of three of the aspects that had raised doubts . He did it with a car , not a judgment, which had seven votes in favor , including the president, Francisco Pérez de los Cobos , and four against .
Specifically, the Constitutional Court has given its approval to the procedure employed by the Government to implement the reform, the royal decree law. Pronounced as well in reverse as it did in 2007 for the 2002 labor reform , called the decree, when considered justified proceeding by decree and annulled . That decision was inconsequential because the parliamentary process was as a bill .
The other two court rulings enter the content of the reform : the abolition de facto dismissal remuneration (money charged by the fired since he rescinds until a judge rules in your favor, if do so), and the existence of two sections of compensation for unfair dismissal (45 days per year worked to a maximum of 42 months or 33 days per year with a maximum of 24 ) as time worked before or after the reform .
With this order, the High Court rules for the first time on a specific point of the content of the labor reform. So far the issues of constitutionality submitted by judges had been rejected by formal aspects. The text , which will have two separate opinions , does not rule on the appeal submitted by the opposition, but on a question of constitutionality raised the labor court number 34 of Madrid. Precisely this is the subject of one of the dissenting votes , the magistrate Juan Antonio Xiol , who argue their disagreement by not accumulate constitutionality issues with the application , which has streamlined the procedure.
Although the car is the rapporteur judge Enrique Lopez, the lead of the majority led De los Cobos , explain sources familiar with the debate. The president is Professor of Constitutional Law and Labor masterminding many of the changes of the labor reform , especially with regard to changes that occurred in collective bargaining. In fact, De los Cobos has written an article in the 14th issue of the journal Industrial Relations along with his disciple Xavier Thibault , CEO Jobs since the PP came to power, where there are concrete proposals which are then embodied in the reform fidelity. Hence it is not surprising position for the reform of Pérez de los Cobos .
Other more controversial points
The two points concerning the content of the standard which has opined on the Constitutional are not the most rejection raised among opponents of reform. More dust has lifted the probationary period of one year contract entrepreneurs created by the reform , which may leave without compensation or changes in collective bargaining , such as the possibility that the National Advisory Commission on Collective Agreements may appoint arbitrators in cases of disagreement between unions and employers where the breach of the agreements addressed.
On the use of the royal decree law, explains the 46-page order that " constitutional doubts are exposed manifestly unfounded " and that " responds to a legislative policy option from strict constitutional perspective ( ... ) generates no bankruptcy or injury to the constitutional rights invoked . "
It also seems consistent with law seven judges of the Constitutional validity of the two schemes of compensation for unfair dismissal . The reform reduced from 45 days per year worked with a maximum of 42 months to 33 days per year with a limit of 24 months compensation.
The third point on which to pronounce on the second anniversary of the reform concerns the change in wages for processing . Until February 2012, the dismissed employee charged with the appropriate compensation when the judge pronounced his favor and declared the termination of improper or no contract. Since then , the employee only if the employer charges when the judge issues a dismissal is unfair , decides to reinstate fired. The reality of this is that de facto standard procedural salaries have disappeared since the entrepreneur has no incentive to reinstate the worker .
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