The Government proposes that the Labor Inspection have access to the record of companies' working hours

Servimedia Madrid

Madrid

Updated Monday, February 19, 2024-21:19

The Secretary of State for Labor,

Joaquín Pérez Rey,

explained this Monday that the reduction of the working day to

37.5 hours per week

will be carried out through "annual calculation" and defended that the Labor and Social Security Inspection (ITSS) has access to the employee presence control tool in companies to guarantee that legal maximums are respected.

Pérez Rey made these statements after meeting with representatives of

CCOO, UGT, CEOE and Cepyme

at the Ministry's headquarters, where he stated that the Government insisted at the meeting that the reduction in working hours will be carried out within the established deadlines.

Specifically, the PSOE-Sumar agreement states that this year

the maximum working time will be 38.5 hours per week to go to 37.5 in 2025.

To this end, the Secretary of State recalled that it is necessary to reform article 34 of the Statute from the workers.

Yolanda Díaz

's 'number two'

in the Ministry of Labor justified the need for the reduction not to be established weekly but annually due to the fact that this

guarantees "flexibility" in companies and sectors.

At the same time, she maintained that it is already customary for collective agreements to include working hours on an annual basis.

"But of course, that number of annual hours will have to be reduced and adjusted to that average of 37 and a half hours on a weekly basis," said Pérez Rey. Furthermore, he stated that "one of the things that we have to discuss with union and business organizations is, precisely, how to proceed with the effective implementation of this reduction, which will

already be done in one fell swoop in the statute,

but which we will then apply progressively." ".

TIME RECORD

On the other hand, he insisted that not only should the working day be reduced, but

legislation should also be strengthened regarding the obligation to control working time

to combat uncompensated overtime in companies.

To do this, he commented that "we have to tend to digitize this time record" and that

it cannot be "manipulated" by employers or "by any other subject."

"And, in addition, we have to tend, and this is also an important part that we want to work on during these negotiations, to make the registry accessible remotely for the Labor Inspection," he added.

Likewise, he predicted that businessmen will share "any measure" that helps companies guarantee current legislation.

Of course, Pérez Rey acknowledged that there must be

"flexibility

in the application to companies that have more difficulties in implementing this type of systems," referring to SMEs.

"Really, what this interoperable time record is intended to do is not for the inspection to sanction, but precisely to guarantee a record that is sufficiently complete, objective, transparent and unalterable so that it is not worth it to anyone to play with non-compliance in matters of work" , argument.

In his opinion, it is

one of the "most flagrant" breaches that exist,

because "it endangers many of the elements that are associated with the status of citizenship in work relationships: the reconciliation of work and family life, rest, the enjoyment of the holidays".

For their part, the unions supported the measures proposed by Labor, but the vice-secretary of Union Policy of UGT,

Fernando Luján

, opted to "go further", providing this organization with "sufficient capacity to effectively correspond" the day with hours worked, both ordinary and overtime.

He recalled that UGT has filed a lawsuit against the Spanish State before the European Committee of Social Rights for the fact that labor legislation

does not impose an extra cost on overtime

and asked that this legal reform be taken advantage of to correct this issue.

He also indicated that negotiations will continue in parallel with the

CEOE

on a bilateral basis, as they have already been doing in the last month, after Labor held the first meeting with the social agents.

ACCESS FOR WORKERS

In parallel, the Secretary of Trade Union Action of CCOO,

Mari Cruz Vicente,

requested that it be guaranteed that not only the Inspection, but also the legal representation of the employees and the entire workforce have access to the time record.

Vicente also maintained that they have proposed that the working day must be established annually and the distribution weekly at 37.5 hours, although he specified that there are nuances as is already the case now in the framework of collective bargaining.

"The distribution of the day, just like right now, will be done within the scope of the work calendars of collective bargaining. Each company will adapt the distribution of the day based on needs, as is currently done. There is no change" , added the head of CCOO.

Next, the UGT representative added that the Workers' Statute already establishes that the maximum legal working day will be 40 hours per week measured on an annual basis.

"Where it says 40, it says 37.5," he concluded.

Finally, the CEOE informed Servimedia that they are not currently evaluating the proposals, given that the Ministry has not yet put specific documents on the table.