Employers are not opposed to the announced greater control over the reasons for collective dismissal (ERE). The measure still has to pass in the plenary session of the Congress of Deputies, and then in the Senate. Leaning down this legislative path, especially in the upper house, employers are working to slow the change, employer sources said.
“Let’s see what will happen in the Senate,” say business organizations, where it is acknowledged that intensive work is being done with the parliamentary forces to prevent the event from happening.
The legislative change that the employers opposed was agreed in the parliamentary labor commission, the amendment to the EH Bildu employment law, which received the support of the majority of the political forces. “Even the PP abstained,” they recalled in Labour, and “only Vox voted against”.
The modification includes expanding the powers of the labor inspectorate in monitoring ERE. In addition to making a decision on the development of the consultation period, the inspectorate is directly authorized to investigate the extent to which the probable reasons are fulfilled and justified by the company to apply collective dismissal to its employees.
Now several lawyers claim that the body can already carry out these checks, but the agreed legal modification will directly regulate this as another mandate of the labor inspectorate in the ERE procedures. Thus, the inspection magnifier is guaranteed from the beginning in the face of ERE procedures that are not justified or applicable without sufficient reasons, that is, not in accordance with labor legislation.
Prior administrative authorization is not restored
Employers responded to the legislative change with great severity towards the Ministry of Labor, which they accuse of “betrayal” of the labor reform agreement. Employers claim that an amendment to Article 51 of the Workers’ Statute, which regulates collective dismissals, was discussed at the labor reform negotiating table, but was eventually scrapped because there was no consensus on the issue.
“There was talk of restoring the previous administrative authorization,” qualifies a source from the union that overturned Rajoy’s labor reform and which called for the restoration of the CCOO and UGT. This element, as well as others, was removed from the table, and finally the negotiations focused on other articles: the spread of agreements, their ultra-activity, subcontracting and contract modalities to reduce temporality, and others.
But the agreed measure is now different. The previous administrative authorization will not be restored, but a new control will be created through the labor inspectorate, which was announced in the organization’s strategic plan a year ago.
Inspectors would not have the ability to veto the ERE (as was previously the case through the labor body), but in the case of companies that failed to comply with the reasons, the public body would issue a report that could be used in court.
Vice President Yolanda Dias emphasized the latter in responding to the anger of businessmen. “What’s the problem with the inspectorate investigating ERE if everything is done well?” he said this week. In any case, the Ministry of Labor emphasizes the legislative competence of the Parliament, where the legislative change is agreed upon.
Plantón negotiates a job
In addition to talking to political parties, businessmen increased the tone and pressure on the Ministry of Labor. Employers have already started a sit-in in open negotiations with Yolanda Diaz’s department, which they are demanding to “correct”. This Friday, no representatives of the companies attended the table, for example, on the training law, and on Monday the ATA will not attend a second meeting on the self-employed, according to employer sources.
Unions, while not happy about the lack of social dialogue in these new controls, believe that employers are “overreacting” when they have to negotiate things they don’t like, “like the minimum wage.”
CEOE president Antonio Garamendi denied it was a “political question” and added that employers have their say on the minimum wage. Of course, this does not guarantee that they will negotiate with the Ministry of Labor on this measure, which he accuses of “breaking the table” and “untrustworthy”.
Yolanda Díaz has tried to ease tensions in recent days. The second vice president on Wednesday reiterated his belief that “social agents are doing their part.” “There are measures that they like more than others, I am sure that they will continue to negotiate and dialogue for their country,” he added.
Source: El Diario
