CEOE will complain by letter to Brussels about the changes that the Government has made after the labor reform
The CEOE plans to send a letter to the European Commission to complain about the regulations approved by the Government that entail significant labor modifications and that have been made outside of social dialogue after having negotiated a labor reform in 2021 that was approved from Brussels.
As EL MUNDO has learned from various sources, this was one of the points discussed by the employers' association in the meeting held this Wednesday by its Board of Directors.. From CEOE, they neither confirm nor deny that this was the case because the Board's conversations are “confidential,” they assure this newspaper.
The objective is to let the Commission know that after the labor reform approved in December 2021, there have been many modifications that have been approved without consulting the social agents and that affect the labor framework.. Many of them have not been approved individually, but have been 'sneaked' into omnibus standards that addressed other issues.
The labor reform was agreed between employers and unions and constituted a milestone of the Recovery Plan in exchange for which we are receiving billion-dollar European funds.. Despite this, it is unlikely that the Commission will be able or willing to interfere with national sovereignty, since although the Government has agreed with the social agents on this reform, this does not prevent it from approving more legislation if it has the necessary majorities to take them forward in Parliament. It is possible, however, for these new regulations and their impact on the labor market to be evaluated by the community institutions within the framework of the European Semester, through which Brussels coordinates and supervises the social and employment policies of the member states.
Regarding the modifications that have been made a posteriori “by stealth”, employers' sources point out, in some cases these are issues that were discussed during the negotiation of the labor reform and, given the lack of agreement between employers and unions, they decided to leave them out. of the perimeter of the reform, but now the Executive has decided to approve them on its own. This is the case of the nullity of dismissal, which was modified in the Comprehensive Law for Equal Treatment and Non-Discrimination, so that now the dismissals of employees who have had a leave of absence due to Temporary Disability are considered null because they are discriminatory, unless that the company can separate the reasons for the withdrawal.
The Employment Law also included an important change for labor relations, since it was stipulated that in collective dismissals the Labor and Social Security Inspection has to issue a report to verify that the procedure has been complied with (in terms of communication and period). of consultations) and, as a novelty, it has to rule on the concurrence of the causes alleged by the company in the initial communication. This regulatory change arose from a transactional amendment by EH Bildu with PSOE and Podemos, and was not negotiated either.
Another change, still pending approval, is related to the prevalence of regional collective agreements over state ones in matters as important as salary, shifts or the minimum working day.. This change has not been negotiated in social dialogue either; In fact, UGT and CCOO are against it, but it was the condition that the PNV placed on Pedro Sánchez to support his inauguration as President of the Government.
Laws of other ministries
In addition to all these changes, the Executive has been approving different regulations that have a labor impact, although collaterally and despite the fact that they come from other ministries other than Labor.. This is the case of the Law of only yes means yes, promoted by the Ministry of Equality, which stipulated new duties for companies such as the arbitration of specific procedures to prevent cases of harassment and channel complaints, as well as assessing the risks and train your workers about sexual violence. The norm also articulated the nullity of the dismissal of victims of sexual violence and new rights and permissions for these victims, such as teleworking, to adapt their work day and schedule, to arrive late or to miss work and continue to be paid.
The Government has also used budget laws to introduce relevant changes, such as the decision that all companies with more than 50 workers that do not have an equality plan cannot contract with the Public Administration, a modification that was approved in the Accounts. of 2023.
The Trans Law obliges all companies with more than 50 workers to have a protocol as of this March to guarantee effective equality and non-discrimination of this group within companies; while the recently approved Sustainable Mobility Law obliges companies with more than 500 employees or in which 250 per shift coincide to have a green mobility protocol that must be negotiated with the legal representation of the workers or, failing that, with the most representative unions.
For its part, the Family Law regulates new permits that entail the absence of employees from their jobs, which affects companies, such as paid leave of five days per year to care for family members in the event of hospitalization, accident or illness. severe, or surgical intervention (up to 2nd degree or cohabiting); unpaid leave of eight weeks until the minor turns eight years old (which may be enjoyed continuously or discontinuously), and paid leave of four days a year to care for family members who require care. While the so-called Abortion Law recognizes women with secondary disabling menstruations the right to a special situation of temporary disability.
These are new obligations that entail bureaucracy, in many cases advice costs and legal uncertainty, because not even the regulations that establish how they must be fulfilled are developed, the employers denounce.