The Minister of Labor, Yolanda Díaz, recently promoted to third vice president, takes office for the first time with a proposal to employers and unions for the labor reform that lowers part of the positions she held in March 2020 with the aim of giving the labor sector a chance. consensus.
Something that the unions have not liked, according to sources of the negotiation. In the case of the company agreement, Labor maintains the prevalence over the sector in a nod to the CEOE, but imposes submission to the sector in salary matters among other elements, according to the draft to which the Economist has had access. |
In schedules it also changes and establishes the priority of the sectoral agreement over the company in the duration of the day. Likewise, it suppresses the current point e of article 84.2 that allows the sectoral agreement to “adapt the aspects of the contracting modalities that are attributed by this law to company agreements.”
Conciliation
On point d, referring to the measures that favor the reconciliation of family and work life, Trabajo proposes that it be added “among the matters that are specified and specified, where appropriate, in the sectoral scope of reference, through the corresponding equality plans, mandatory or voluntary”. And it suppresses the current point g of article 84.2 referring to the prevalence of the company agreement in “those others who have the agreements and collective agreements referred to in article 83.2”.
The text warns that the sectoral collective agreement will guarantee the minimum rights of workers in “matters excluded from the application priority of the company agreement”.
Regarding the regulation of subcontractors, perhaps the most controversial issue on the table, he accepts that the agreement of the sector of the activity carried out in the contract be applied to these companies, as the CEOE prefers, instead of the agreement of the main company.
However, the Work proposal qualifies, when the contractor or subcontractor company has its own agreement, it may apply it provided that this conventional norm guarantees, at least, the same rights as the sectoral agreement that corresponds to the activity carried out in the subcontractor.
In exchange, Trabajo intends to toughen other aspects in terms of subcontracting. The main one, with the modification of article 15 of the ET, demanding that the contracting company will have to justify an objective cause to use the services of the subcontractor.
In addition, the expression “corresponding to their own activity” will be deleted from the current wording of point 1 of article 42, which, according to legal sources explain to eE, will mean that the company that hires must always check, regardless of the service that demands, that the subcontractors are up to date with the payment of Social Security contributions.
shared responsibility
And, by extension, the current requirement of subsidiary responsibility for the obligations with the Social Security of the subcontractor during the period of validity of the contract will be applied to the principal. And of joint and several liability in the salary obligations for which the contracting company must respond during the year following the end of the contract.
In order to provide a greater guarantee for the employees of the subcontractors, the Ministry of Labor maintains the current requirements, such as that “the workers of the contractor and subcontractor companies, when they do not have legal representation, will have the right to formulate the representation of workers of the main company issues related to the conditions of execution of the work activity, while they share a work center and lack representation”.
Although the current article 42 of the ET qualifies that apart from “the provisions of the previous paragraph, it will not be applicable to the claims of the worker with respect to the company on which they depend”. When a company goes to these service companies, it must inform the legal representation of its workers about the name of the contractor, the objective and duration of the contract, place of execution of the contract, number of workers that will be occupied by the contract in the workplace, activities coordination measures from the point of risk prevention. And it also maintains that if the main company, contractor or subcontractor continuously shares the same workplace, the former must have a record book that reflects the above information regarding all the aforementioned companies. Said book will be available to the legal representation of the workers.
No ultraactivity
Together with the subcontractors and the prevalence of the company agreement, the ultra-activity of the agreements is the third leg of this first part of the Labor Relations Modernization Table dedicated to urgent matters linked to certain aspects of the 2012 labor reform.
However, in this first draft presented yesterday by the Ministry of Labor to the social agents, Díaz’s intentions are not revealed. He limits himself to announcing that article 86 of the ET that regulates it will be modified, assuming that it will undergo changes, but the text, for the moment, is blank.
In addition, the first negotiation package, which is organized through a single article “Modification of the consolidated text of the ET Law”, closes with a transitory provision on the application of the reform applied to the prevalence of the company agreement.
Yesterday it was agreed that the table would meet every Wednesday to continue negotiating, according to sources from the social dialogue. The CCOO Trade Union Action Secretary, Mari Cruz Vicente, stated that “there has been no progress to highlight in today’s meeting” and explained that the issues have been reviewed, but without “any specificity”. For their part, UGT sources pointed out that the social partners have promised to send their contributions to the proposal of the Ministry of Labor and Social Economy.
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