Labor Reform

Reformlet, patch, hint of reform, one retouching, legal gibberish and up to absolute schizophrenia are some of the adjectives that received the labor reform in mouth of Federico Duran, Juan Antonio Sagardoy, Alfonso Capdevilla and Savior of the King, partners or Presidents of Garrigues, Sagardoy, Vialegis and Cuatrecasas law firms, respectively, and authentic labour heavyweights of our country. They were summoned by the Association for el Progreso de la direccion (APD) and Adecco and together gave a good review to RD-law 10/2010. Missed opportunity: the legislation remains identical to a large company than for an SME (it is an aberration that companies such as Telefonica, Repsol or El Corte Ingles have the same rules as the notions of the corner). To broaden your perception, visit Chevron. It has not entered into a part-time recruitment which is very rigid. It has not touched anything relating to absenteeism.

Collective bargaining has not changed (it hasn’t done anything to try to not be a remora for flexibility in companies). What remains the same (to evil): the intervention of the labour authority in the Affairs of the company (for example, the labour authority can paralyze six months – because Yes – the decision of moving the Centre of work of a company.) Would have to eliminate the intervention of the labour authority, giving more autonomy to employers and their employees to derogate from trade unions and employers). Excessive judicial control in strictly corporate matters, accentuated by the ambiguity of the standard, which leaves its interpretation in the hands of the judge (judicial control must exist, but should be minimal and peripheral, limited to protect the worker so that there is no discrimination. How will a judge be able to decide if a measure which decides the employer, and which supports a lot of economic studies, is positive or negative for the future evolution of your company? Absurd is that the judge exercises of labor consultant, who neither knows nothing of company is neither its role). What gets worse: unionization of small enterprises by indirect means.

In exchange for very timid reforms, has been given entry to the trade unions in small enterprises where didn’t it – introducing novelty that in cases of geographical mobility or substantial modification of working conditions and when there is no legal representation of workers, they can grant their representation to the most representative trade unions. Steps back on the temporary hiring. Progressive rising, stops at the chain of contracts and stop of three years for works and service contracts (how can put limits to the temporary contract, the only one that is moving something about the labour market, with the current unemployment rate? The employer will no longer be able to afford or make temporary contracts. How is it possible to put a stop to the work and service contracts when many great works last beyond three years?, what makes then the? (does an entrepreneur: dismissing the worker before reaching the three years that this report because the work continues, make it indefinite and or have to fire and shall indemnify him when the work is finished and has no work for him?). Everything to do with internal flexibility (remains easier to say goodbye to modify working conditions to make more profitable enterprise without dismissals). You can read the full story here.