The
Ministry of Labor
is considering the possibility of once
again prohibiting objective
or
appropriate
dismissal , as was done during the pandemic, to avoid contract terminations due to the impact of the war in Ukraine and that, if they occur, they will go to be
considered inadmissible
and therefore entail
greater compensation for the worker.
The measure could be part of
the shock plan
that the Government is preparing for approval as a decree law in the Council of Ministers on Tuesday
, March 29
, according to Efe, and which aims to counteract the effects of the escalation in the prices of consumption and, in particular, energy products.
This measure may address the direct impact of this situation on employment.
In statements in Congress this Thursday, the second vice president and Minister of Labor,
Yolanda Díaz
, has assured that "
this is not the time to fire,
this is what has worked for us in the previous crisis, and this is not the time to lower wages", especially considering that listed companies obtained "record profits" in 2021.
During the pandemic, objective dismissals
(compensated with 20 days per year worked) that allege causes related to covid-19. In case of dismissal, it should be treated as
unfair
. If the worker did not agree, it would be a court that would decide if the dismissal should be considered null -and, therefore, the employee had to be reinstated-, or if an unfair dismissal with compensation of
33 days per year worked
-or
45
for the years worked before 02/12/2012 when the labor reform of the PP came into force.
As explained by the vice president this Thursday, Tuesday's decree law will include "
a block of labor measures
", in addition to energy and social measures.
Likewise, she has recalled that the new scheme for temporary employment regulation files (ERTE), the
Red mechanism
, is already in force and can be used at any time, although it requires prior activation by the Council of Ministers.
For now, it is only allowed to be used
by travel agencies
, but the Government could extend it to other sectors affected by inflation, shortages, the rise in energy prices and the transport strike, as the unions have requested.
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