• 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.

According to the criteria of The Trust Project

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  • Congress of Deputies

  • France

  • Italy

  • UGT

  • Yolanda Diaz