The pulse opened within the Government to determine the new labor framework as of 2022 has found in the ultraactivity of other milestones similar to which the temporality has produced. In front of the line maintained by Yolanda Díaz, Vice President and responsible for work, Moncloa opposes an opposite approach. If it was expressed in political terms, the new approach would be to the right of the party chaired by Pedro Sánchez more than in a space between the PSOE and the United Can We Can De Diaz.
The Find Step arises in the context of the new methodology designed by the Ministry of Economic Affairs to address the reform and is located, at the moment, in the previous and after the social dialogue where the new text is negotiated. The tables that sit to the coalition government.
The differences emerge to the surprise of the social agents who gave the ultraactivity of the agreements as a relatively simple debate. The modifications that the Government of Mariano Rajoy introduced in this regard accounted for a radical change in front of the previous legislation. The expired business agreements since then have a limited negotiation time at the end of which one of the highest (sectoral or territorial) scope is imposed if there is no agreement.
Until then, the situation was the opposite, the business agreement prevailed, which generally offers better working conditions to workers. Taken to practice, the new measure that pretended that working conditions in companies is not "petrified" in times of crisis, created a great controversy. In 2013, one year after the entry into force of the reform of the PP, 2,482 agreements against 1,584, 2012, but in 2014 the agreements on decreasing themselves at numbers prior to the reform. Conflicts were judicialized and, through numerous judgments, were translated in 2018 into a sentence of the Supreme Court. According to the legal framework, the High Court established that at the end of one year of ultraactivity and without agreement, the Superior Convention would apply, repealing the previous one.
Until this week, CCOO and UGT gave meaning that ultraactivity was one of the lesive aspects to repeal from labor reform. In fact, this is how it is in the last document negotiated between social agents and the Ministry of Labor. "In the absence of agreement, when the negotiation process has elapsed without reaching an agreement, the validity of the collective agreement will be maintained," says the eraser fruit of the negotiation of the last eight months.
But the irruption of Nadia Calviño in the negotiations and the rethinking of the Government proposal in matters as the temporality of the contracts also reach the drafting of point twelve, which modifies Article 86 of the Status of Workers. Fonts near Moncloa indicated to this newspaper that its approach will be to be torn to the doctrine of the Supreme in terms of the outcome of a negotiation process without agreement. That is, the opposite of what is now collected by the draft of the labor reform and what they give for granted Diaz and the unions CCOO and UGT, who initiated this path two years ago with the Minister of Socialist Work Magdalena Valerio.
Thus, the Ministries of Labor and Economic Affairs must find a new point of meeting that should then be transferred to the Social Dialogue Bureau. In what there seems no differences is in the path of the negotiations to the point where one of the two agreements for lack of agreement is imposed. The change that will be introduced in the Status of Workers establishes an extrajudicial path. Once a year has passed since the denunciation of the labor relations framework in companies without an agreement has been reached, "the parties must undergo mediation procedures regulated in the interprofessional agreements at the state or autonomous scope to solve in a manner Effective discrepancies existing ".
"The jurisprudence what has done is to energize collective bargaining," explains Jose Prieto, a labor partner of the Bakermckenzie office. "With the new approach, at the end of the year, it would be called mediation instead of imposing a new senior area and if there is still no agreement, the integral doctrine of the Supreme would apply."
The areas for those of the new labor framework would be agencies such as the Interconfederal Mediation and Arbitration Service (SIMA), a foundation of the public sector that make up CEOE, CEPYME, CCOO and UGT and that is assigned to the Secretariat of Work State. It manages the mediation and arbitration procedures regulated in the Agreement on Autonomous Solution of Labor Conflicts (ASAC).
Date Of Update: 07 November 2021, 09:42
