Díaz will change a reason for dismissal before starting the compensation reform nasshliski

The dismissal was not on the list of priorities of the Ministry of Labor for this 2024, however, the issue has risen to the forefront due to the pronouncements of the Council of Europe committee that limit the scope of compensation, as conceived in Spain, to repair the damage caused to the worker. The team of the vice-presidency of the Government is willing to implement changes, but there is some room to address them, according to sources from the portfolio, at least until the body issues recommendations to adapt Spanish regulations. Until then, they will promote a bill that will modify the article that links the declaration of permanent disability with automatic dismissal.

This is the agreement sealed this Wednesday by Yolanda Díaz and the president of the Spanish Committee of Representatives of People with Disabilities (CERMI), Luis Cayo, which will result in the modification of article 49.1 of the Workers’ Statute. “The death of the worker as a cause of dismissal will be separated from causes related to disability. With this, the aim is to eliminate a legal aberration that is the one that offers a common legal treatment in labor terms to situations of death and disability” explained the minister. There are also plans to eliminate the automatic termination of the contract, which will be conditional on the will of the worker and the possibility of adapting the same job or offering another vacant job according to his or her professional profile.

The changes to which the Minister of Labor has referred are included in a draft law that has already passed the public hearing process and that will have to go through the Council of Ministers again to be sent to the Congress of Deputies. Díaz has not set a deadline, but she has encouraged the main associations to contact the rest of the political groups so that the measure can receive unanimous support from parliament. The Executive’s will is that this norm will go ahead in 2024, but government sources are less convinced that it is possible to approve a broader reform that is closer to the interpretations of the European Social Charter.

The European Committee of Social Rights (CEDS) resolved the claim promoted by UGT for the lack of adaptation of Spanish regulations with the aforementioned international text a week ago. The union and the Government have already been informed of the meaning of the ruling, which according to ‘El País’ has been positive, but which the Ministry is avoiding confirming, waiting for the automatic veto imposed on all resolutions to be lifted. . of said committee. Although, the Secretary of State for Employment, Joaquín Pérez Rey, maintained this Tuesday that the maximum compensation of 33 days in cases of unfair dismissal “hardly complies with the letter”, which advances a result in this sense.

Especially since days before said body had already indicated that it was not enough to repair the damage caused to the worker in cases in which the dismissal occurred due to pregnancy or during maternity leave. Also in cases in which it is decided to dispense with a worker due to having dependent family members. In fact, this observation was key, given that it was part of the conclusions issued in the periodic review of each signatory state and on this occasion, it was focused on the rights of children. The UGT has also not confirmed what the body’s meaning has been, but after concluding the Secretary General, Pepe Álvarez, Defendiph (Twitter) that “Compensation for unfair dismissal must be dissuasive and compensate the victim.”

But the commitment reflected by the two parties in the Government to reform the dismissal to adapt to the European Social Charter and the manifest will of Díaz to move towards compensation that takes into account the personal circumstances of the worker (age, professional career, if any) a mortgage in charge, charges…) do not guarantee that the terms will be shorter or that the reform can receive the green light from the chamber this year. Labor sources explain to this medium that now it is the turn of the Committee of Ministers of the Council of Europe, the statutory body that makes decisions and that must give concrete guidelines on the steps to be taken. Likewise, they point out that until then – towards the summer – the resolution will not be made public and that they will then convene a social dialogue table, so it will be postponed to 2025.

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