The Catalan parliamentary group Esquerra Republicana will bring a proposal to the plenary session of Congress this week to recover the 45 days of compensation for unfair dismissal, with a ceiling of 42 monthly payments in a collective dismissal, in view of the fact that the second vice president and Minister of Labor, Yolanda Díaz has suggested that she will propose changes in this field because she considers that the cost of dismissal in Spain is cheap.
The motion, to which Europa Press has had access, specifically proposes to repeal the damaged legislative modifications in this matter both in the labor reform of 2012, of the Government of Mariano Rajoy; as in that of 2010, of the Government of José Luis Rodríguez Zapatero.
The PSOE and PP decrees modified the unfair compensation and reduced it from 45 to 33 days per year worked, an amount that is still in force today and was not modified with the 2021 labor reform.
Social and labor law
In a second point of the motion, the Catalan formation urges the Government to analyze in depth the doctrine of the Committee of Social Rights on the right of workers, recognized in article 24 of the European Social Charter. The article in question says that workers cannot be fired “without valid reason for adequate compensation or other appropriate relief.”
In this sense, Esquerra wants the new legislative modifications that the Government studies will have the purpose of establishing a new compensation regime for unjustified dismissals that is “effectively restorative” in attention to personal circumstances and the year caused to which the person is not requested “actually dissuasive” effect for the employer.
The Government will work “soon” on the “restorative” dismissal
The motion is the consequence of an urgent question from the ERC deputy, Jordi Salvador i Duch, addressed to the second vice president and Minister of Labor, Yolanda Díaz, in the plenary session of Congress last Wednesday.
During her speech in the Lower House, the vice president said that the Government will work “soon” on compensation for unfair dismissal, since she considers that in Spain this type of dismissal “is not expensive”, but, in fact, “it is too cheap”.
Modifications in severance pay were not introduced in the last labor reform. According to Yolanda Díaz, this was so because the PSOE “did not accept” modifications in this regard; While the ERC speaker in Congress, Gabriel Rufián, said that if the cost of the dismissal was not touched, it was to have the approval of the CEOE for the agreement.
However, relations between CEOE and the Ministry of Labor are currently distant, mainly due to the fact that, in the recently approved Employment Law, the Government concluded with Bildu giving the Labor Inspectorate the ability to rule in the event of a File Employment Regulation (ERE).
This is because both CEOE and Cepyme gave the Ministry of Labor and Social Economy “as a reliable interlocutor” as “invalidated”. In fact, the employers, present in the labor reform, did not appear at the last negotiations to raise the Minimum Interprofessional Wage (SMI) to 1,080 euros per month.
With this panorama, Diaz now assesses a future modification of the compensation, regardless of whether or not it has the approval of the business sector. Likewise, the vice-president said that the possible changes in this regard are awaiting the resolution of the European Committee of Economic and Social Rights in response to a complaint from the UGT, precisely because article 24 of the European Social Charter and Convention 15 are being violated in Spain. of the International Labor Organization.
