The end of the 33 days per year worked: Spain faces severance pay a la carte
The second vice president and Minister of Labor,
Yolanda Díaz
, has shown herself
very willing to legislate
this Wednesday before the end of the legislature to
reform severance payments
, with the idea that these are not pre-fixed by law according to the days worked but rather are defined for each worker based on their circumstances.
A kind of
à la carte compensation
that would mean a revolution for the labor market, as this medium has already reported.
This change could take place as soon as the
European Committee of Social Rights
responds to a request presented by
the UGT,
and later supported by
the CCOO,
in which they state that the severance pay system in Spain, as defined in our legal system legal,
it is not compensatory for the damages
that the dismissal supposes for the worker.
This Committee
admitted the petition for processing
, after issuing
favorable opinions on similar complaints from France and Italy,
requested reports from the Government and the CEOE, which have already been collected, and now we must wait for it to issue a resolution in these months.
When it does, if it is
pro-union
as expected, the government could legislate.
"We agree to combat unjustified dismissals, we have done it and we will continue to do so"
, Díaz confirmed this morning in the Congress of Deputies in response to an urgent question from the ERC deputy, about increasing severance pay unfair.
"
The dismissal must be dissuasive and repair the damage caused
," he said.
In his opinion, unjustified dismissals are a "very serious illegality" that cause damage both to workers who lose their jobs and to other employees for fear of losing their job, as well as to companies "that do comply with the law "and to the Spanish economy and society as a whole.
The vice president has assured that it is necessary
to eliminate the "perversity" of job rotation
as a "dynamic" and has denounced that there are companies that include dismissal costs in their spending forecasts.
Díaz has asserted that "a labor market based on dismissals at a bargain price is not admissible", since this cheap dismissal "does not encourage hiring (...), but rather encourages rotation and precariousness".
His message comes
one day after
it was published that the Superior Court of Justice of Catalonia has issued the first ruling in the country, on January 30, which stipulates a severance pay for
dismissal of more than the equivalent of 33 days
for year worked, the maximum contemplated by law.
"This ruling is the first from a Superior Court of Justice to grant complementary and additional compensation to that provided for in the Workers' Statute. It is novel and will be a source
of controversy and perhaps follow-up
by other Courts and Courts" , points out
David Díaz
, partner responsible for Labor at
Baker McKenzie.
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Congress of Deputies
France
Italy
UGT
Yolanda Diaz