New administrative control in the ERE. The Ministry of Labor has agreed with EH Bildu to grant the Labor Inspectorate a new competence in the surveillance of collective dismissals, which will be regulated in the Employment Law that is about to be approved. The Inspectorate will prepare a “mandatory” report in which it will examine whether the causes that the companies allege to apply the files are fulfilled. With this mandatory opinion, workers will be able to challenge the ERE if they are not motivated, highlights the Basque party and Vice President Yolanda Díaz had announced long ago.
The Labor Inspectorate will regain a more active role in the control of collective dismissals
The measure will foreseeably be approved in Congress in the coming days. “Thanks to the Basque sovereignist group, this time it will be incorporated into the Employment Law to provide the Labor Inspectorate with a decision-making role in the supervision and control of collective dismissals so that they obey objective causes, extra protection for workers and the workers who are at risk of starting an Employment Regulation File”, highlights EH Bildu.
The Ministry of Labor announced the modification a year ago, which it included in the Strategic Plan of the Labor Inspection 2021-2023, but the measure required a legislative change that had not yet been approved and that will now go ahead in the Employment Law.
Other form of administrative control
The Basque party, like other formations, demanded that the Government recover the prior administrative authorization in the ERE that eliminated the 2012 labor reform of Mariano Rajoy. Finally, another form of administrative control has been agreed through the Labor Inspectorate, say sources familiar with the negotiation, who consider it even “more guaranteeing.”
It will be the Labor Inspectorate that monitors compliance with the legality of the ERE cases, “not the labor authority on duty” that is in charge of the Ministry of Labor. Thus, the inspectors must issue a mandatory report on the correct motivation for collective dismissals, which will be a tool for unions and workers who want to challenge them in court.
“The Labor Inspectorate must be the authoritative voice that determines when a company alleges objective reasons for dismissal that are not such, without having to wait for the journey or judicial ordeal that workers go through”, highlighted the representative of EH Bildu Oskar matute.
As they argued in the Ministry of Labor a year ago, in the Basque formation they consider that “this protects workers more because all these years they embarked on a judicial journey without any guarantee.” This opinion “from a public authority such as the Inspection” is “a very important step”, they emphasize in the sovereignist party, since very often the judges are guided by the assessment of the labor authority.
It will be approved in the Employment Law
The measure will be included in the Employment Law, as agreed yesterday in the presentation of the norm in the Congress of Deputies. “It was approved yesterday by means of a transactional amendment with PSOE and UP”, they celebrate in EH Bildu, who emphasize that it was an essential measure for the Basque formation to vote in favor of the legislation.
Specifically, a modification of article 51.2 of the Workers’ Statute will be included in the law. This change will indicate that the labor authority will collect “on a mandatory basis” the report from the Labor and Social Security Inspectorate, “which must be evaluated within a non-extendable period of fifteen days from the notification to the labor authority of the end of the consultation period to incorporate it into the procedure.
Specifically, the approved amendment details that the Inspection report, “in addition to verifying the ends of the communication and the development of the consultation period, will rule on the concurrence of the causes specified by the company in the initial communication, and will verify that the documentation presented by it conforms to that required based on the specific cause alleged for dismissal ”, picks up the amendment to which elDiario.es has had access.