The negotiation on the
labor reform
, which the Government has promised Brussels that it will approve before the end of the year, has become tangled this week after the
employers
' association presented an
alternative proposal
on Tuesday afternoon
, which puts issues on the table. that were not in dispute and that has been described as
"aggressive" by the unions.
With this tactic, the
CEOE
leads the conversation and sends a clear message to the Government and the unions about their positions. He does not want there to be percentage or duration limits in
temporary contracts
in exchange for different causes to be able to use these instruments; they want
the nullity of the dismissal to
be
abolished
when the temporary contract is used fraudulently; and that the modality of the
fixed-discontinuous contract
is used
through employment agencies (ETT), is extended to contracts and subcontractors, and does not count in seniority or for the representation of workers.
Regarding the
applicative priority of the company agreement
, which the Government and the unions want to eliminate in order to return it to the sectoral agreement, the employer proposes that it be maintained as long as the agreements have been negotiated with reinforced legitimacy.
It also proposes to include
ultra-activity
as the minimum content of the collective agreement to be applied in the event that the term of the agreement is lost.
The proposal is so far from the union aspirations that it is considered
"absolutely unaffordable"
, as recognized by the
UGT
.
Unaí Sordo
, Secretary General of
CCOO
, insisted yesterday that the unions will
not support a text that maintains the prevalence of the enterprise agreement versus the sector, which does not slow subcontracting or resume the ultraactividad, and described as "
aggressive
" proposal the employer on dismissal and temporality.
According to the document of the proposal, to which EL MUNDO has had access, the employers' association has included other
points that were not the subject of discussion,
generating a surprise effect at the table.
They request that the possibility of using the irregular distribution of the day be expanded;
that the assumptions of adaptation of the day are specified for reasons of conciliation;
or that territorial mobility is considered justified if there is an agreement with the legal representation of the workers.
They are changing the center of gravity
of the negotiation, has denounced CCOO.
The three-party position is closer on
outsourcing
. The CEOE accepts that the sectorial collective agreement of the activity carried out in the contract or subcontract be applied, but asks that the "libertarian value of the certificates of the General Treasury of Social Security" be ensured, as stated in the document.
"There is a
greater degree of rapprochement with the positions of the UGT
in the employer's proposal of
article 42
of the Workers' Statute, which we have been negotiating for a while, and although it does not expressly include our approach to referencing contracts and subcontractors to the agreement from the sector of the main company, it does contain elements that allow closer positions, "commented
Pepe Álvarez's
union
upon learning of the proposal.
The employer is not in a hurry to reach an agreement
The three interlocutors -Executive, businessmen and unions- have met
again this Wednesday
in a meeting that has hesitated five hours, from 10 in the morning to 3 in the afternoon. CCOO has indicated that there has been a "good work environment" and progress in the search for agreements on temporary hiring and the use of fixed-discontinuous contracts, respectively included in articles 15 and 16 of the Statute. The UGT did not want to comment on the meeting, while other sources close to the dialogue have denied that there had been substantial progress.
The Government, once the views of the parties have been shared, has promised to
draft a new draft
of both articles, which could be presented at the next meeting that will take place on
Friday morning.
In that appointment, in addition to talking about subcontracting, a less thorny issue,
conflictive issues such
as the prevalence of the company agreement or ultra-activity will be addressed.
The Second Vice President and Minister of Labor,
Yolanda Díaz
, given the feeling that the negotiation is stagnant and that time is running out (the new rule would have to be approved before December 31 to comply with Brussels and not compromise the arrival of funds Europeans), has said that it will
"prioritize the agreement above all things."
His words, however,
have set off alarms in the unions
, who fear that this means a lowering of the initial claims. "If the Government were tempted to devalue these contents in order to facilitate an agreement with the employers, with whom it will have a problem reaching agreements, it will be with the unions (...) If the table is blocked, it will be it will initiate a
process of mobilization of high voltage
", has threatened Sordo.
The CEOE leader,
Antonio Garamendi
, warned for his part in an interview in the
Financial Times
newspaper
that
a "minimum agreement" is preferable
, which allows part of the reform to be carried out,
than a "maximum disagreement",
especially given the little time available.
"It is not easy to sit down and talk for 20 days and change everything under an approach that affects the entire workforce," said the president of the employer's association, who is also in
no hurry to reach an agreement
.
If the Executive needs to achieve it this month, then perhaps it will have to lower its demands, he suggests.
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