The union believes that it does not comply with Community law and considers the compensation of 33 days worked per year insufficient, which does not compensate workers and does not discourage companies
CC OO joins the UGT and complains to Europe about the low severance pay in Spain. The union announced this Wednesday, claiming that current legislation on unfair dismissal “does not protect or adequately compensate workers, nor act as a deterrent to companies and is therefore not in line with the revised Social Charter of the European Union” .
For this reason, CC OO filed a collective claim with the European Committee of Social Rights to allege that Spain does not comply with the European Social Charter with regard to the protection to be provided to employees against unfair dismissal, i.e. without valid reason .
To fulfill the guarantees offered by the European Social Charter, which Spain signed in 2000, the organization led by Unai Sordo demands the restoration of wages in the manufacturing industry, which have been abolished by the 2012 labor reform, and the possibility of the body’s court requiring reinstatement as appropriate compensation in certain cases of unfair or fraudulent dismissal.
At the same time, CC OO believes that the recognition of compensation for the damage suffered should be made possible, which is not limited to the payment of the 33 days per year of service laid down in the labor law, especially when there are other specific compensations, or there has been repeated abused temporary contracts, both in government and private companies.
In addition, the complaint states that a minimum compensation amount should be established to ensure adequate compensation for workers on very short-term contracts and to “enhance the essential deterrent effect that any compensation system must have against unfair dismissal”.
This is the second complaint received by the European Commission on this issue after the UGT filed a claim in the same direction last March and it has already been admitted for consideration by this institution, which gave a deadline of November 30 for the government and entrepreneurs to present their observations.
The cost of firing is one of the issues ultimately left unaddressed in the labor reform passed last year, which was awaiting consideration on the social dialogue table. Recently, Labor Minister Yolanda Díaz advocated for a comprehensive redundancy reform that entails reformulating the causes and setting different benefits depending on the employee’s circumstances.
The proposal that the vice president wants to put to the social dialogue table is to treat the causes differently and move towards what she has called “reparative or restorative dismissal”, which presupposes different compensation depending on what “the impact”. is that layoffs can affect people, so it can vary depending on the age, gender, education or income of the employee.
Source: La Verdad
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