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The three keys to understanding Yolanda Díaz's labor 'counter-reform'

The labor reform of Vice President Yolanda Díaz, who had the declared intention of repealing the 2012 reform of the PP and which the Government, employers and unions have negotiated, has basically three legs. One is to substantially shorten the terms of temporary employment. You can use the temporary contract for 90 days in a year in a single position for everything. In the case of assessed causes, only for six months plus another six per agreement. In addition, the interim contract will continue to exist.

The penalties for fraudulent use of the storm are tougher when applied by worker and not by company. And there will be a surcharge of about 26 euros in the quotation to penalize contracts of very short duration. For everything else that is intermittent activity, the discontinuous fixed line is offered, which contractor companies can use to leave their workers in a bag in which they will collect unemployment while they wait for the call. In other words, it could have a cost to the public coffers. The construction contract, which has better conditions and will have requirements such as training, will be considered indefinite with the agreement of employers and unions in the sector. Those are about 800,000 workers who at a stroke will cease to be classified as temporary as is done in France. Spain has dragged the problem of temporary employment since this contract was made more flexible in the 1980s to create employment.

Another leg is maintaining the internal and external flexibility that companies already had. Not even article 41 of the Workers' Statute, which allows the company to modify substantial conditions for a few workers or a limited group, is not touched. Not 40, which includes geographic mobility. Not 82.3, which is the non-application of the agreement. Not 51, which are the employment regulation files (ERE). This is what CEOE has managed to preserve and what the European Commission supported it in. Neither the cost of dismissal nor the processing salaries, which was a very controversial part of the 2012 reform, are changed.

The third leg is how to control abuses in subcontracting, especially with the so-called kelly and multiservice companies that compete by precarious working conditions. From now on, the subcontracted company will have to abide by the agreement of the activity carried out. That is, if it is cleaning by the cleaning sector agreement. That said, the subcontracted companies may have their company agreement, but always according to article 84, which says that they will not be able to establish the salary when there is a sectoral agreement. In this way, they will not be able to compete by sinking the remuneration.

An element of uncertainty will be how judges react to the cases filed in order to use the temporality. Depending on your sentences, it will be more or less easy to use temporary contracts. It also remains to develop how the agricultural sector ends after this reform. The field has been completely against by the limitations to the temporality. The Ministry of Agriculture has aligned itself with the sector so that their complaints are addressed. It is possible that a specific agreement for agriculture will be formulated later.

Know in depth all the sides of the coin.


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