The Government approves the Google rate, the Tobin and repeals the dismissal for justified and permanent leave




The Government has approved today in the Council of Ministers the repeal of the objective dismissal in justified casualties, following a recent ruling by the Constitutional Court that endorsed it with compensation of 20 days per year worked. This is Article 52d) of the Statute of Workers that, although from the Executive of the PSOE and Podemos has been attributed to the labor reform approved by the Government of Mariano Rajoy in 2012, refers to a type of work extinction present in the Statute of the Workers since its first version of 1980. "This is the first point of repeal of the labor reform of the PP", has announced in fact the Minister of Labor, Yolanda Díaz, in the press conference after the Council of Ministers.

Díaz has criticized that this dismissal was a "Spanish anomaly" against the countries around us. Although Díaz has lamented the "legal insecurity" of Article 52d), the truth is that the Constitutional endorsed this formula for dismissal.

As ABC reported, its use is residual and, since the judgment of the TC, in October last year. The labor reform, on the one hand, individualized the absenteeism necessary to justify this dismissal in the company, but also extended the deadline required to support the use of this point. From tomorrow the accumulation of medical leave will not be a reason to dismiss 20 days, although it will not benefit those employees who are in full legal dispute with the company for this type of formulas.

Likewise, the Executive has approved the draft bills for the tax on financial transactions (the so-called Tobin tax) and on digital services (the Google fee). For the first one, it foresees a collection of 850 million euros, while for the second one it has reduced its estimate from 1,200 to 968 million, due to, in the words of the Government spokeswoman and Minister of Finance, María Jesús Montero, the "slowdown" and the consultation of the impact of similar taxes in "other countries".

Tariff Risk

The other change is that, instead of the payment being quarterly, the first year will be different and the settlement will not take place "at least" until December 20. The reason for this delay is that the Executive seeks to reach an international agreement within "the G20 and the OECD" that prevents Spain from being the first country to apply it, with the consequent diplomatic and tariff consequences against The United States, which has promised 25% tariffs on cars from those countries that approve these taxes. Also, Montero has explained that this way the adaptation of the affected companies is allowed.

The rate will be 3%, being an indirect tax on lending services online advertising, sale of data generated from information provided by users and intermediation services to locate other consumers. It will affect companies with a global turnover of up to 750 million or that have a turnover of more than 3 million in Spain alone.

"Citizens sometimes receive phone calls from a database that they are not aware of, because these companies sell these databases," Montero said.

Derivatives not included

The rate for financial transactions will set a rate of 0.2% on the sale of shares of Spanish companies whose quotation exceeds one billion euros. Therefore, it will not only affect banks, but also all kinds of financial intermediaries, brokers and others. Its settlement was expected to be monthly, in addition to taxing the net balance at the end of the day of intraday operations, regardless of the residence of financial intermediaries.

Montero has blamed this tax on "social justice" reasons because, in his words, "it affects the financial sector that received significant support from the State during the crisis." And he has detailed that the tax will exclude derivatives, since in the taxes approved in the countries around us, although it has abounded that if the OECD agrees to include them, the Executive is "open to it."


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