Months unions have been thrown from power, CCOO and UGT, CEOE and negotiating with the rifle CEPYME and Zapatero government was monitoring everything from "track"
and that was the government that alone endorse Labor Reform layoffs flights, "against" what was said for months: "we will not work up any action that is supported of the unions. " June 18 came into force and was subsequently passed by Parliament, which will be released on 9 September with even more cuts. and announcing the next pensionazo (top from the current 15 to 20 years to calculate the pension and retirement at 67). Power unions announced they would convene a General Strike against the imposition of labor reform in June, but eventually even that, delayed the protest on 29 September. A Paripe that commits them to nothing.
"From September 30 what? From Workers Solidarity look pretty dangerous this makeover power of trade unions for workers. CCOO and UGT If leave is entitled to strike agreements that we hope can be even worse than the announced plans. What is debatable is the position of alternative and militant unions (CGT, CNT, Coordinators, Inter-union, etc.) Blindly support the call Paripe CCOO and UGT, in time to join together and call for general strike on different dates. Solidaridad Obrera
we are in combat retrograde labor reform, set against the plan and other attacks and it is only the continuity of the general strike to topple the anti-worker attacks the Government, Employers and unions of power. We therefore decided not to call as an organization this 29-S
and give freedom of action to all members and affiliates that day. Continue working for the necessary general strike in unity with all the anarcho-syndicalist organizations, combative and base, but did not count on us for Paripe and face washes.the nth
LABOR REFORM
The current crisis has caused a steady increase in the unemployment rate, which adds to the structural instability of labor relations in our country (expressed mainly in the high temporal recruitment .) Both phenomena are part of a particular production model based on low wages and high productivity, which fortunately has begun to question.However, the strongest winds blow in the direction of a new labor reform, a new little speech but to force repeated the call is permeating public opinion.
From the old Labour Relations Act (1976), Article 14 provides for the first time the principle of permanent employment, until the recent Royal Decree Law (RDL 10/2010) to reform the labor market, there have been few Attempts have been made by successive governments to tackle the perennial problem of unemployment in our country.
Without wishing to be weary, we can remember the milestones of this deregulatory effort labor rights:
.- Until the year 1984, ruling the ineffable Felipe González (PSOE) approved up to 12 decrees regulating the recruitment temporary which favored a pattern of temporary labor-market trading.- Law 32/1984 on reform of the Statute of Workers, officially sanctioned this trend and introduced a considerable expansion of temporary contracts, breaking decisively with the principle of causality (that a temporary contract to respond to a temporary assignment). This reform was a part, with some nuances, the Economic and Social Agreement (AES), signed by the CEOE and UGT and involved over a period of legal ambiguity, in which the PSOE had merely to extend the decree cited , another decidedly aimed at deregulating the labor market. - In 1988, after the failed youth employment plan (thanks to the General Strike of December 14), which paves the way to flexibility and job insecurity open to the reform of 1984, the unemployment rate was the same as in 1984 and the temporary employment rate exceeded 20%.
- The signing of the Treaty of Maastricht in 1992 and their subsequent "adjustment of convergence with Europe, labor reform law 18/1993, we come to the law 63/1997, known as national agreement Stability and Employment (CEOE signed by UGT and CCOO, the last two new executive with more "dialoguing" with Candido Mendez and Antonio Gutierrez at the head of respective trade unions).If the reforms of 84 and 94 is relaxed to hiring new workers with a precarious, it was stable flexible workers.
.- After a decade, 1997-2007, GDP growth above 3% per year, the unemployment rate just dropped from 10% and the temporary employment rate remained above 30%.
.- In late 2009, the unemployment rate in Spain was 18%, and 25.8% of temporality, when the European average was 9.9% and 14.4% respectively.
is not clear which were the economic benefits of labor deregulation, but we can see that the main objective of the reforms were not fulfilled: the unemployment rate in 1997 was slightly higher than 1984 and almost half the 2010 rate, while the rate of temporary employment has declined only by 25% as result of massive job destruction.
These reforms, together with factors such as the production structure, corporate culture, economic situation, etc.. Have made the English labor market in an extreme case of segmentation by type of contract, mass unemployment in times of crisis, low wages and deteriorating employment conditions. Browse
the recent past and the processes that led us here, is a task necessary to avoid repeating formulas whose results have been disastrous. Especially when adopters and those who supported them, not only have not made the slightest attempt at self-criticism (much less of atonement), but who continue to defend from all means at its disposal (which are many) applications systematic result of this stubborn persistence in error is yet another labor reform presents us with a government as the "final solution" that will end all the problems of the English economy. Lie that only holds more exploitation and more benefits for the employers.
LABOR REFORM
OF SHOE
BOE 17/6/2010 The labor reform was issued by Royal Decree 10/2010 on urgent measures to reform the labor market. His urgent passage through Parliament, in the summer period of their Majesties, the deteriorated further.
The aim is not argued in the preamble to recover the path of job creation and reduce unemployment, but cheaper and easier for employers laying off workers.
of about 4 million contracts in the first quarter, the fixed for less than 5% despite one of the objectives of previous reforms was the increasing number of contracts undefined. In the past two years have lost two million jobs.
The main reforms are:
- It sets limits to the contract for work or service can be a maximum of 3 years, extendable by one more through collective bargaining. When you have two or more temporary contracts of any kind, except for training and interim, including those in temporary work agencies, totaling 24 months in the last 30 with the same company or group making any functions, the contract becomes automatically indefinite as not being required before they exercise the same functions.
- The compensation for termination of temporary contracts going to be 8 days per year of service to 12, but, yes, since 2015.
- Expands group of persons to whom they can make a contract for the promotion of permanent contracts and can be made that lead stand at least three months continuously registered as job seekers. Before six months were required, thus increasing the number of workers who are affected negatively in terms of compensation to be received by dismissal. - If a company makes a dismissal target and the result was declared inadmissible, if the employee has a contract of employment promotion, the company was able to undo the same by paying a compensation of 33 days salary per year of service with a maximum of 24 months instead of 45 days per year with 42 monthly limit that applies to the other contracts. Besides the social fund (public money) will take 8 of the 20 days of the initial compensation that companies must make available to the worker, which is a clear cost savings to the employers in the new permanent contracts are ordinary or building employment when the contract is terminated by dismissal or collective goal.
recall that the objectives layoffs are caused by:- Inability of the employee or occurrence known after its effective placement company.
- Lack of adaptation of workers to reasonable technical amendments.
- Proof of the need to amortize jobs for economic reasons of organization and production techniques.
- Lack of attendance at work, even justified but intermittent reach 20% of working days in 2 consecutive months or 25% in 4 discontinued within a period of 12 provided that the absenteeism rate of all the center's staff exceeds 5% over the same periods of time.
these effects do not count absences due to legal strike, accident, maternity, risk during pregnancy, illness caused by pregnancy, childbirth or breastfeeding, and vacation leave, or illness or accident will not work if the drop is more than 20 consecutive days.
The Employer may reduce the working hours for economic reasons technical, organizational or production between 10 and 70% to a certain number of workers depending on the total workforce. Many workers will access their journey to reduce the fear of being fired.
suspension also allows the collective and individual employment contracts at the initiative of the employer for economic, technical, organizational or production, it is understood that the measure is necessary to overcome a temporary situation of the activity of the company, without indicating which are necessary for this loss.
procedure is much more flexible so that companies can make goals and collective redundancies, as it means that there are causes when the economic performance of firms reveals a negative economic situation. In fact, the discussion in Congress on reform, amending the clause allowing termination without any loss of only the existence of a reduction of revenue. To this end the company minimally must argue the reasonableness of the decision either. This "minimal" is interpreted as the justification must be "minimal", without the need for reasoning too demanding (that is the interpretation, for example, Juan Antonio Sagardoy, professor of labor law and the law firm owner hired by Metro to the process of extinction of FAS) no longer have to prove that the layoffs are necessary to enable the survival of the company.
To proceed to dismissals for organizational reasons, only have to prove that its organizational status is also apparent Minimally the reasonableness of dismissal, to help improve the situation of the company or to prevent a negative development of the same through a more efficient organization of resources that favors their competitive position in the market or a better response to the demands
demand
If an objective dismissal is not paid compensation of 20 days per year and employee demand the dismissal shall be unlawful, and not zero as before, as if the dismissal letter did not indicate detail the causes and the reasons thereof. The objective dismissal notice is reduced from 30 to 15 days.companies may agree with sag workers collective agreements in the sector, thereby not being required to meet the wage increases set out therein. So far the measure had to be seen in the convention itself.
substantial modification of working conditions previously only given by agreement between employer and employee representatives. Now, if applied in periods of 90 days to a given number of workers as staff were not even considered collective in nature, although they are included in the agreement or collective agreement. If no agreement is necessary to resort to mediation procedures established in the agreement or agreement within that may be collected prior commitment to submit to binding arbitration. The amendments may not have a greater effect within the term of the collective agreement which amendment is sought.
In fact, even in the case of substantial changes to working conditions of a collective nature, in case of disagreement with the representatives of workers, will be required to go through a mediation process also may establish agreements binding mechanism and binding arbitration in cases of lack of agreement in mediation. If the company no union representation, workers may give representation, for these negotiations, a committee formed by the most representative or sufficiently representative of the sector
And, of course, the reform increases business bonuses for any reason: Sticks to the rights of workers and economic rewards for Employers
boost is legalized and private employment agencies, admitting that for-profit, and which it says in the reform "should be taken to avoid discrimination in access to employment", which we know to be created. In addition, expressly permits the outsourcing of service activities State Employment with these agencies.
are expanded already extensive capabilities of the temporary work agencies can access all activities, except for some very specific, allowing its use to construction, mining, extractive industries through drilling and even expected, the government.
also provides that in the near future, the establishment of the so-called "Austrian Model" on the part of the severance payments payable by the employer are saved in a fund (we'll see who handles), the the worker can access in certain circumstances (training, long layoff, etc.). It is expected that this model allows main trade unions and employers handle large amounts in the financial markets.
The practical implementation of the reform is possible layoffs and lower targets, it is difficult to declare a dismissal unlawful purpose in the absence of minimum requirements that were previously necessary, and the assumption by the social fund part of the compensation is a help rather than lends to companies.
http://www.solidaridadobrera.org
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