How much do you know about the reform of the labour law? (La reforma laboral)
True or False The new law makes it more economical for employers to dismiss workers?
True By augmenting the acceptable reasons for dismissal, employers now have more capacity to lay off workers at a lower cost. Severance pay for fair dismissals will now be paid at 20 days per year worked up to a maxium of 12 months. http://www.preguntasfrecuentes.net/2012/02/16/nueva-reforma-laboral-2012-despidos-procedentes-sera- la-forma-de-despedir-a-los-trabajadores /
True or False?Redundancy can only be justified under the new reform of the labour law if your employer is making losses?
False The new law allows for redundancy “when gross income or sales fall for nine consecutive months”. This does not mean that the employer is making a loss, but is simply earning less. You can now be laid off even if your employer is making a healthy profit. http://www.rtve.es/noticias/20120210/reforma-laboral-2012-rajoy/497259.shtml
True or false? The reform of the labour laws means that your employer can reduce your salary.
True From now on salary is included among the conditions that your employer can modify “unilaterally”, simply by claiming reasons of “competition, productivity or technical reorganization in the company”. http://economia.elpais.com/economia/2012/02/12/actualidad/1329022533_114896.html
True or False? Nine days of sick leave, even when justified by your doctor, may now be cause for dismissal.
True According to the new law, absenteeism, which up to now was judged against average absenteeism of the workforce, is now judged solely by the number of days a worker has been off as an individual. A badly twisted ankle could now be motive for dismissal. http://www.elperiodico.com/es/noticias/economia/nueve-dias -ausencia-incluso-justificados-bastan-para-despedir-1423275
True or False? It is now up to the worker to prove that her dismissal was unfair.
True All dismissals are now considered fair. If the worker doesn’t agree, the onus is on her to take the case to court. The wages lost in the process will only be payable if the court recognises the dismissal as unfair and the worker doesn’t opt for severance pay. http://www.rtve.es/noticias/20120211/despido-sera -procedente-salvo-trabajador-demuestre-contrario/497457.shtml
True or false? Collective dismissals have to be given the go ahead by the ministry of employment or the local government work council.
False This will no longer be necessary. The new law also widens the scope of these dismissals and accelerates the procedure. http://ccaa.elpais.com/ccaa/2012/02/13/catalunya/1329141175_129792.html
This won’t affect workers who have collective bargaining agreements between trade unions and employers.
False The reform of the law allows for employers to overide any sectorial collective bargaining agreements in all areas : wages, working hours, performance, even changes of professional category. http://www.ccoomadrid.es/comunes/temp/recursos/14/doc92479.pdf http://www.comfia.net/imagenes/madrid/REFORMAL%20.swf
How does the government believe this new law will increase productivity?
In its memorandum justifying the new law the government has stated “a low risk of dismissal discourages endeavour”. The idea being; increased job insecurity increases productivity. http://www.publico.es/dinero/422525/al-ser-el-riesgo-de-despido-muy-reducido- se-desincentiva-el-esfuerzo
True or False? The rights we had are now lost, there is nothing that can be done.
False The reform of the labour law is currently under consideration in parliament. The trade unions have called a general strike of all workers in Spain for Thursday the 29th of March. The general strike of 2002 stopped a previous attempt to take away worker’s rights, we can stop this too.