End labor reform designed by the second vice president and leader To add, Yolanda DiazHe reversed some measures introduced by the PP in 2012. Collective negotiation “rebalanced” the rules of the game for unions and, for that matter, to reach agreement with employers. It also managed to reduce its levels. temporariness fell to historical lows in record time.
However, the norm agreed with social actors left part of the legacy intact. Mariano Rajoy. Couldn’t fix the situation processing of salariesnor compensation amounts dismissal pre. Also it didn’t close one of the cracks in employment relations Some workers who were employed as subcontractors to reform the stadium are experiencing difficulties today. Barcelona Football ClubHE Camp Nou. Solve what the government wishes to cover during this legislature.
The rule approved by PP in 2012 made the requirements more flexible; companies were thus able, under certain circumstances, to legally decide to pay salaries below the agreed amount for the industry as a whole. technically known as non-implementation or withdrawal of the agreement. The justification later given by the Ministry of Labor (then Employment) team was, Fatma Banez (today chairman of the CEOE Foundation) said that this formula allowed some companies in crisis to temporarily reduce their wage bills. This prevents a shutdown and allows workers to keep their jobs and get their wages back later.
According to different sources consulted, this is the theory, but it is not always practical. For example, in the construction industry There are companies that use this quitting formula to compete with other companies with lower salaries. and will therefore be chosen by the contractor. They promote a works council in the interests of management, sign an agreement with them and legitimize this salary cut. Although not generalized across different representatives consulted, this practice is harmful in some unions.
Barça estimates there are around 20 subcontractors at Camp Nou. This tool was able to identify a total of 12 individuals who were or had been involved in the studies by names and CIFs. And at least one of them reported the salary cut to the ‘Registration and deposit of collective agreements’. The rest either pay according to the agreement (the minority) or pay less than the agreement stipulates without going through preliminary legal checks, which is likely to lead to fraud.
“If the non-implementation of the agreement is not recorded, it is not legal,” insists the head of the labor law department at ICAB: Maximum Arias. No official departures were recorded in any of the five payslips of five different companies accessed by the media at the beginning of the investigation.
salary release
The union policy secretary of the UGT of Catalonia thinks: “The objective reasons why a company can withdraw from a contract are so wide that it is very easy for a company not to pay the wages agreed in the agreement.” Nuria Gilgado. “A company that makes a profit but can claim that it expects to bill less in the future may be left behind,” he adds.
However, the Foment del Treball employers’ association does not think the regulations are so lax and underlines that legal representation of workers is practically necessary for the suspension to be implemented. “Can this formula be used to make a ‘salary cut’? It can be used, but if there is, it remains redundant,” says the director of labor relations at the employers’ association. Javier Ibars.
“This does not happen where the majority of unions are represented, but where people do not have the means to defend themselves and only think about making a living, such things can happen,” says the trade union action secretary of the Catalonia CCOO. Christina Torre. “Such a blackout is difficult to sustain legally for long periods of time, requiring a lot of common sense and transparency,” says the UB professor. Jordi Garcia Vina. Lack of unionization and transparency as described by employees of Camp Nou subcontractors.
How many workers were affected by the epidemic in Catalonia? salary drop? This figure is not statistically available. And the Generalitat’s Labor Department compiles companies that registered a new application that did not file, but does not calculate how long they remained in the application and when the application was rejected.
That means a total of 2,048 workers were affected by the outage between January and October this year. However, this data does not include how many of the 3,388 affected people still have the disease in 2022. It is also unknown how many there are among the 1,142 people in 2021 and beyond.
Struggle is guaranteed in this legislative period
HE The legacy of the PP labor reform that the coalition left untouched in the last legislative session Yes, this is on the agenda to start. “We will review the reasons so that we can only resort to these procedures in cases that affect the viability of the company,” the Government agreement between PSOE and Sumar says.
Employers object to loss of ‘internal flexibility’ elementsIn their words, the unions would welcome the fact that the labor authority must review every cutback that there are real reasons to justify it and therefore check in advance. An administrative power over employment regulation files (ERE) similar to that exercised before Rajoy’s reform. Authority that the 2021 reform is also not fully improved.