Saturday, April 1

The silver bullet that the CEOE preserves

the vice president Yolanda Diaz and union representatives have celebrated the definitive approval in the Congress of Deputies of a labor reform that, from his point of view, puts an end to some of the most harmful aspects of the one promoted in 2012 by the Government of Mariano Rajoy to promote a salary devaluation with which to guide the way out of that financial crisis and pave the path of European money that, finally, was projected to rescue the financial sector.

The CEOE employers’ association, for its part, has celebrated the approval of the royal decree because “it consolidates the essentials of the 2012 labor reform” and because “it works to reduce temporary employment in our country as requested by the European Union”, now, to transfer the European money from the Recovery Plan. Again, European money.

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The affirmation of the president of the CEOE employers’ association, Antonio Garamendi, that the labor reform consolidates the essence of the 2012 reform undoubtedly serves to justify his signing an agreement that is impossible for part of the business community to digest. But that statement implies something else. And it’s not just that nothing has been touched on the causes and cost of dismissal. Although Garamendi does not make a show of it -surely so as not to raise misgivings on the union side- this labor reform leaves intact the silver bullet always in the hands of the employer to be able to impose changes in working conditions, even above what is established in the collective agreement . This reform leaves intact article 41 of the Workers’ Statute, which allows the company to substantial modification of working conditions when there are proven economic, technical, organizational or production reasons (ETOP causes). The same thing happens with the release clause, of article 82, which allows the conditions of the agreement to cease to apply regarding wages, working hours, hours and functions due to ETOP causes.

Preserving the power of this silver bullet is what, rightly or wrongly, allows Garamendi to tell his people that the essentials of the 2012 labor reform remain intact.