Tue. Mar 31st, 2020

Congress approves repeal of dismissal for medical leave but will have amendments

Most of the political parties in Congress have approved the repeal of article 52 d. of the Workers Statute that allowed dismissal for accumulating medical leave in a certain period of time but amendments will be included in the text.

The Plenary of Congress has validated this decree-law that had to be ratified by Parliament this Wednesday as the maximum term to avoid a European sanction, but the majority have supported that it be processed as a bill by way of urgency in order to receive amendments and changes.

The Minister of Labor and Social Economy, Yolanda Díaz, has defended that “today, more than ever”, it makes sense to delete this article, the use of which has been “fraudulent” and which must protect the health of the worker.

Article 52.d endorsed the objective dismissal “for still justified but intermittent absences from work, reaching 20% ​​of working days in two consecutive months, provided that the total absences in the previous twelve months reached the 5% of working days, or 25% in four discontinuous months within a twelve month period. ”

Most of the 43 deputies who have attended this plenary session, whose vote has been telematic as a result of the coronavirus, have defended the need to protect the worker and repeal this article.

The result of the vote has been 207 votes in favor, 52 against and 91 abstentions, although later the majority of Congress has supported processing it via amendments by the emergency procedure, with which the processing deadlines, which are usually three months, are cut in half.

VOX has voted against and the PP and Foro Asturias have abstained, while the PSOE, Unidas Podemos, ERC, PNV, Ciudadanos, Compromís, the CUP and the BNG have defended its validation.

JxCAT and Más País have also supported the law decree electronically.

The PP deputy Diego Movellán has asked the Government to be rigorous and has defended the PP’s labor reform, which, in his opinion, brought “more security” and that, in this coronavirus crisis, it should continue to be applied “more than ever” with the flexibility measures it introduced.

Abandon the “derogatory and counter-reformist policy,” he has claimed.

VOX deputy Reyes Moreno has said that absenteeism in Spain involves a cost for companies of 71 million euros, and has argued the vote against her party because the article has been part of the legal system for 40 years and the only thing that the Government pursues with its elimination is “propaganda” to “build its story that they have repealed the labor reform” of the PP.

Enrique Santiago, a representative from Unidas Podemos, has said that this validation is “an act of justice for those workers who today are working on the front lines of fighting the virus and with appalling working conditions.”

Parliamentary spokesman for ERC, Gabriel Rufián, has described as “an attack on the right to work and health” to allow these dismissals, and has asked to go further and repeal the labor reform in its entirety.

“That people are afraid to take a leave or go to work sick is as common as it is wild,” Rufián criticized.

From Ciudadanos, the deputy María Muñoz has crossed out the repeal of “cosmetic change”, and recalled that accidents at work, risk during pregnancy and lactation or casualties of more than twenty consecutive days were left out of 52.d, among other assumptions.

“Do not make propaganda,” he has asked the minister, although he has confirmed that Ciudadanos would vote in favor and request that it be processed as a bill to amend the structural problems of labor legislation.

The deputy of JxCAT Genís Boadella, who has not attended the Plenary, has supported via Twitter the validation and urgency of this decree law, and has encouraged to continue modifying the Workers Statute, although he has asked to take into account the contributions from other political parties in the future, to “outline better legislation”.

Joan Baldoví, from Compromís, has made VOX ugly to be alone on the side of companies and not of workers in crises such as the coronavirus, and Mireia Vehí, of the CUP, has criticized that the Government has not prohibited dismissal in the face of economic crisis that has motivated COVID-19.

From the BNG, Néstor Rego has asked that the coming economic crisis does not fall again on the workers, so he has advocated repealing “all labor reforms”, and the deputy of Foro Asturias, Isidro Martínez, has crossed out this change of “maneuver facing the gallery” and has affected that repealing it only increases the compensation but does not prevent such layoffs.


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