It's Saturday and the inventory is half done. The boss asks his employee, with a temporary contract, to stay a couple of hours in the company to finish the task, even if his day is over. What if that time could be retrieved by law another day to go to the doctor or treat a sick relative? Grosso modo, is one of the initiatives that Unidos Podemos proposes in a proposal of Corresponding Work Time Law. The proposal, which still lacks a long process to try to get the support of the rest of the training, foresees that the time of more than now done in companies – up to 5% – is computed and returned in time to reconcile family and work life.
Those hours do not count as extraordinary, but accumulate and the worker can use them throughout the year as long as he notifies five days in advance. If the employer refuses, he must justify it. The extraordinary "must always be paid, at least in the same amount as ordinary hours, without the possibility of compensation for rest, except by the will of the worker," as established in the proposal.
United We can pretend to end the precariousness of temporary contracts with a new job category that shines the hours of entry and exit of these workers, mostly women who "are doomed to this type of employment", according to EUROSTAT data of 2018 , collected in the proposed law that the confederal group has registered on Tuesday in Congress. "It is reasonable for an employee to know what time you enter and leave and that it is in writing," says Pablo Iglesias, leader of Podemos. "And if these schedules are not met, a sanction."
Among the 68 folios of the proposal, fines of 160,000 euros are included for serious infringements for companies that do not keep a daily record of the working day, which must also be available for the Labor Inspection. "It is not a more coercive proposal than the current Workers' Statute, but it is intended that the current fines be effective," says Yolanda Díaz, de Marea de la Marea and promoter of the regulation.
To ensure that the regulations are met, the authors not only seek to reform the Workers' Statute, but also propose changes in the law regulating social processes so that "businessmen do not get so cheap before the judges," says Jaime Cabeza Pereiro, professor of Labor Law at the University of Vigo, co-author of the text.
"If the reduction of the working day is computed annually, the parents and mothers could be with their children during the summer months without having to request special permits or they would not have to lower the salary", exemplifies Iglesias.
The sociologist expert in Equality Ángeles Briñón applauds that "certain flexibility is always good" but with nuances. On the one hand, he claims that this type of modification does not guarantee that care will become the responsibility of both men and women. On the other, it lacks a change in structural policies, such as paternity and maternity leave "equal and non-transferable, promote children's schools at affordable prices and free and real attention to dependence," he claims. "For large dependents, administrations cover 50 hours of care per week. With that we do nothing, "according to Briñón, who considers that the number of bills that are being presented is being promoted as a negative thing.
The authors of the proposal argue that this is not a new conciliation or permit law because they have already presented two initiatives in parallel. "We do not want to regulate the right of absence, but of presence, that's why the work must be adapted to people," says Amparo Ballester, professor of Law at the University of Valencia and author of the project. Although at the same time they seek to ensure that the European directive that allows workers to be absent from work for reasons of "family force majeure" is complied with. That is, an unpaid leave that guarantees that anyone can be absent from work when one of their children is ill without requiring hospitalization, one of the requirements that are currently contemplated and that guarantee this right. And that men and women "may substitute the time of lactation for a paid leave that accumulates in full days the corresponding time".
Only by collective agreement or by agreement between the workers' representative and the employer can the irregular distribution of the working day be established, according to the law, without preventing "the rights of conciliation and co-responsibility of family and work life". Nuria Chinchilla, IESE professor and expert in conciliation, demands freedom for companies to set the flexibility scales with their workers, without needing a new regulation.