Cleaners, Gardeners, 'Handy' ... At least 73,000 workers will have a salary rise with labor reform

The labor reform has been approved despite the confusion that was experienced in Congress last week and the controversy with respect to the wrong vote of the de

Cleaners, Gardeners, 'Handy' ... At least 73,000 workers will have a salary rise with labor reform

The labor reform has been approved despite the confusion that was experienced in Congress last week and the controversy with respect to the wrong vote of the deputy of the PP, Alberto Home. To this day, without prejudice to how the conflict can evolve, the reform is in force, which will result in a salary rise for some workers.

It is, above all, multi-service employees that offer other cleaning, gardening, maintenance, etc. and whose workers so far were governed by the company's agreement, which had applicable priority on salaries on sectoral.

According to UGT, the number of beneficiaries will exceed the 73,000 that are those that are covered by 287 company agreements, according to the data collected in the Registry of Collective Conventions of the Ministry of Labor and Social Economy (Regcon).

"We can be talking about more than 73,000 workers regulated by almost 300 multi-service business agreements. However, we understand that this figure is well below the real, as they usually register with a relatively low working people and, in function of activities and work centers that are then assuming, this number is growing in a very significant way, "explains the Federation of Services, Mobility and Consumption of UGT in its report on the precariousness suffered by multi-service companies, and That contains the most updated figures available, as confirmed this union to the world.

The Organization that leads Pepe Álvarez explains that the 2012 Labor Reform brought with it the application priority of the Company Agreement on the Sectoral Convention, which "allowed the proliferation of collective agreements of multi-service companies."

"Subcontracting through multi-service companies allows to pay a much lower retribution than that which would correspond to a person employed by the company, generally the minimum interprofessional salary, and without any subjection to the collective agreement corresponding to the activity sector that They perform. Multi-service companies were therefore taking advantage of the same market in which the ETT and the applicable priority of the Company Agreement on the sector, encouraging the temporality and degradation of working conditions of working people, Going away from the improvements obtained after years of negotiation of strong and consolidated sectoral agreements, "they add.

They consider, therefore, that they are possibly "working people with greater precarious labor market".

UGT refers to that since 2012, Article 84.2 of the Workers' Statute collected that by norm, the oldest agreement that is in force (already was the company or the sector), but that the Company Agreement would always apply primarily in certain subjects, which included salary, even if the sectoral contract was older.

With the new labor reform of the Government, the idea is maintained that the oldest agreement prevails but the prevalence of the salary company agreement is removed.

In the case of multi-service companies, an additional problem is raised and is that there is no sectoral agreement for them (there is no multi-service sectoral agreement), hence, each of its different activities should be assigned from now on the Convention of Its sector: for example, the Gardeners will have to apply the Parks and Gardens Agreement and the 'Kellys', the Building and Local Cleaning Agreement.

The case is also given that none of these companies have a company agreement that is prior to the sectoral agreements of these activities, so they will not have another remedy than to adapt them and equate the salary of their workers to which they mark These agreements.

"If they can no longer apply the Company Agreement, they will have to adapt the salary to what the sectoral agreement is marked and they have to do it already, because the standard is in force and gives them three months to adapt, until March 31" , he explains to this half Alberto Novoa, CECA Labor Partner Magán Lawyers.

Alfredo Aspra, Laborist Lawyer and Labormatters Lawyers, points to this newspaper that "although undoubtedly, a certain profile of multiservicious companies will be the main affected, which doubts others that operate only in sectors such as cleaning, hospitality, General tourism, gardening or even logistics can be seen in this situation, hence the number of workers who could benefit from a salary increase will be even greater. "

According to the statistics of collective work agreements of the Ministry of Labor, at the end of 2021 there are 373,444 workers regulated by a company agreement of private companies, compared to 7.22 million employees who are assigned to a sectoral agreement.

Not everyone, however, have agreed in these conventions wand waters, which marks the sector agreement, but there is no official way to know how many they are in that situation.

The accident voting that occurred in Congress last Thursday has filled into uncertainty to companies, which fear that if the PP or any other party presents an appeal of unconstitutionality before the Constitutional Court, labor reform can repeal.

The Labor Lawyers consulted by this means explain, however, unless the Constitution takes precautionary measures and decides to leave the rule without effect until its opinion - something that occurs in very few occasions - it would most likely In force until the verdict occurred, something that could be delayed more than a year, as has occurred with other issues such as the extension of the alarm state.

Therefore, they recommend companies that adapt to the new labor regulations in force, since it is their duty to apply it whether its vote reaches the constitutional as well as.

Notify, however, that in the event that the Constitutional Court decides to repeal the rule within more than a year or declaring vote, labor lawyers will be in a complex situation, as well as companies, who will take all that Time giving applied priority to the sector agreement on salaries - for example - without being protected by any valid norm.

Date Of Update: 06 February 2022, 20:37

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