January 19, 2021

Sánchez resigns to overthrow the labor reform

Sánchez resigns to overthrow the labor reform

The Government will not be able to present the compromised labor counter-reform in the electoral campaign. The Minister of Labor, Magdalena Valerio, acknowledged during her appearance at the end of the Council of Ministers that she did not have "enough support in the Permanent Deputation" of the Congress of Deputies to take forward aspects that she had committed to repeal of the reform of the PP and on which it had already reached an agreement with the two largest class unions, CC OO and UGT, not like that with the CEOE employers. Valerio has slipped that for some political groups, referring to Podemos, there were insufficient "tweaks" that the minister had already announced in her first appearance on taking office, which referred to the return to the prevalence of sectoral agreements over business and the ultraactivity of them. We can not have refused to offer electoral ammunition to a direct opponent at the polls.

One of the most controversial aspects of the labor reform in 2012 is the limitation of the legal deadline for collective agreements to one year and the expectation that, after this period without agreement for renewal, the collective agreement in question "will lose , unless otherwise agreed, validity and will apply, if any, the collective agreement of superior scope that was applicable "(Article 86.3 of the Workers' Statute).

Before the reform, the agreements maintained their validity immediately and without deadlines if the representatives of the workers and the company did not reach an agreement to renew it.

The CEOE has been opposed to touching these aspects of the labor reform. Entrepreneurs will have to apply the obligatory time register that the Sanchez Government has approved by decree, although with many exceptions. To begin with, the obligation to register the entry and exit of workers will not have a general nature but rather it will be the Ministry of Labor which, through regulations, establishes its application to each labor sector according to its peculiarities. In addition, it will be the businessmen who decide through negotiation with the workers or, ultimately, at their discretion, how to start up the registry, which they must keep for four years. In fact, CC OO considers that the decree does not guarantee the obligation of companies to put into practice the registration of workers.


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