This is one of the secondary effects of labor reform. imposition permanent contract by default led to a significant decrease in the temporary employment rate of personnel and therefore improving conditions for many workersbut it also complicates things when it comes to set staff or let an employee go. What many companies previously solved by allowing a temporary contract to expire is now inevitably goes through a process Dismissal results in increased conflict as a result.
A conflict transferred to both sides Mediation, Arbitration and Conciliation Services – known as SMAC – and also social courtsAs reflected in the statistics for the first half of this year, it was seen that the number of cases reaching them increased significantly.
In the first case, the figure dismissal agreements Considered in the first half of the year 5,995 in the province, representing 32.6% more Compared to the same period in 2022, according to data collected by the Ministry of Labor and Social Economy and the Department of Education, Universities and Employment. This body is the first body workers should turn to when they do not accept the conditions or reasons given by the company for terminating their contract, so it is a good indicator of the situation.
Of the total cases processed, the most 3,115 agreements concluded 35% more between parties than last year; others 1,193 ended without a deal (51% more); until 1,385 of them were closed as ineffective when some of those involved (usually the company) do not show up; and 302 times they were withdrawn or deemed not to have been submitted for some reason.
President of Alicante Social Graduate College, Maria Antonia Olivadoes not hesitate to attribute this increase in mediation requests to the change in legislation. ” The only way to end an indefinite employment relationship is dismissal.and with workforce reform, this is the default way of hiring,” says the expert, recalling that while many companies previously played around with temporary hiring to adjust their workforce to the workload they have, now it is something more complex.
Lower compensation
But Oliva also noted that many workers They appeal to SMAC to prevent severance pay from being taxed Without the decision of this body in the income tax return, the Treasury may interpret this as an agreed withdrawal.
One of the remarkable data on this subject is agreed average compensation in this organism reduced There was a noticeable decrease from 10,818 euros per worker last year. 9.134 euros in the first semester of this year. A decrease indicating a backlog of employees affected by these layoffs less seniority in their companies. So, data from Consell shows that up to 5% of first-semester SMAC applicants have been in their job for less than a year, and another 68% have been in their job for between one and five years.
This increase in conciliation requests, especially those that result in no agreement or the company not showing up, has also led to an increase in the number of workers applying to the courts, which can only be reached after going to court. SMAC. Nearly 2,826 dismissal cases were filed in the first period. in the state, that is 37.3% increase And The highest figure since 2009According to the data of the General Assembly of the Judiciary, the bursting of the real estate bubble triggered personnel cuts and unemployment figures reaching historical records.
Cheap or expensive?
Person in charge of the CC OO work office in L’Alacantí, Juan Angel TorregrosaHe acknowledges that this increase in layoffs is an impact of labor reform, but also points out that it is still an improvement for those affected, because Dismissed workers receive higher compensation than those who terminate their contracts temporary. But he also believes this is a reflection of the fact that insecurity continues to be extreme due to seniority.”still very cheap to shoot To workers who have been with the company for a short time”.
A view shared by the UGT secretary in L’Alacantí-La Marina, Yolanda Diazreminds us that one of the union’s demands regarding the formation of a new Government is exactly one Increase in layoff cost To avoid “exploitation”.
For your part, CEV They speculate that hiring methods are just one of many factors behind this increase in layoffs. But what they’ve made clear is that they don’t even want to hear about the changes. “HE The cost of dismissal in this country is one of the highest in Europe and this is the result of consensus,” they recall a possible increase in compensation.
Quantity requests also increased by 78%
In addition to layoffs, there was also a significant increase in demands for amounts demanded by workers due to their companies’ non-payment in the first half of the year. In this case, SMAC recorded 2,436 requests for settlement on this issue; This is 78% more than in the same period in 2022. Of these, in less than 6% of cases, mediation resulted in an agreement requiring collection. For the employee, the average is 2,126 euros. For this reason, 2,293 cases were filed in the courts; This figure increased by 44% compared to the previous year.