Another Friday, another decree. The Council of Ministers approves this Friday a decree law that includes two measures of draft: the reduction of 55 to 52 years of age so that the unemployed can begin to collect the subsidy and the hourly control of the working day. The decree, to which EL PAÍS has had access and that at this time is still a draft that continues to undergo adjustments, must be validated by the permanent deputation of the Congress in less than 30 days after publication in the BOE. Of what there is nothing in that decree, it is the partial repeal of the labor reform. The Government admits that it is "very difficult" to find the "lowest common denominator" to take this measure forward, given the lack of support from other parties to validate such a controversial decree.
The control of the hours
Regulation of effective control of hours worked It is one of the commitments assumed by the Executive upon reaching power. Its initial intention was to include this measure in a broader decree in which others were included to change central aspects of the labor reform of 2012, such as granting priority in the application of sectoral agreements over company agreements or recovering the indefinite and automatic extension. of collective agreements not renewed. The Government also intended to change the regulation of subcontractors.
According to the wording of the decree, now companies will have the obligation to guarantee "the daily record of the day, which must include the specific time of entry and exit." The measure is justified in the statement of reasons for "the problems of the Labor and Social Security Inspectorate".
Until a few years ago, that registration was mandatory but two sentences of the Supreme Court ended this criterion. A few weeks ago the Court of Justice of the European Union came to say otherwise. Now with the introduction of a new point, the ninth, the article of the Workers' Statute recovers this obligation, although there is much room for collective bargaining to determine how it is done. However, it does make clear that companies must keep this time register for four years and have it available to "the workers, their legal representatives and the Labor Inspectorate."
Help for the unemployed, from 52 years old
The text to be analyzed by ministers contains, in principle, a dozen articles and several provisions. The first one is the one that develops the subsidy after 52 years and the expansion of the contribution base of its beneficiaries to 125% of the minimum interprofessional salary (SMI). In the 2012 cuts, the minimum age for charging this subsidy, destined for the older unemployed, was raised to 55 years and the contribution base was lowered to 100% of the SMI, which has the consequence that the subsequent pension is reduced of this collective.
In addition to these measures, the "decree-law of urgent social protection measures and the fight against precarious work in the working day", according to its official name, also creates several bonuses.