Yolanda Diaz has not completed the modernization of labor legislation The Spanish once succeeded in carrying out their famous reform. The royal decree-law agreed with employers and unions in December and published in the Bank of England before the end of the year, as promised to Brussels, was not the end of the road.

Since then came the second Deputy Prime Minister and the Minister of Labor and Social Economy. proclaiming an extensive series of job postings. And he did it at the same time that he announced his own political project, Add, with whom it is not yet officially known if he will go to the 2023 elections outside of United We Can. These are the measures you reported.

Fellow Status

The government is already meeting with employers (from CEOE and Cepyme) and trade unions (CCOO and UGT) to discuss the trainee’s status. This is one of the mandates included in the labor reform. The meetings started at the end of April, and the Labor Party intends to close the talks in a few weeks, soand is valid for the next academic year.

The idea is that all trainees contribute to the social security system and thus can accumulate the right to unemployment, as well as receive some compensation for the costs associated with the internship. this is not contemplation instead of, set a minimum wage for this type of position, as confirmed by the Ministry.

“The government, within six months from the date of entry into force of this regulation, will convene the most representative trade union and business organizations to consider in the field of social dialogue the Regulation on internship, the purpose of which will be mentoring, practical training in comparable companies or organizations, as well as training activities carried out within the framework of study or extracurricular internships provided for in official studies” is all that appeared in the decree-law on labor reform (Royal Decree-Law 32/2021, of December 28, 2021).

“You can’t pay to be a guy and it happens,” Diaz criticized. United We Can already promoted Fellow status in 2017 and presented it to Congress. Also in 2018, Pedro Sanchez announced that he would create a Fellow Charter and abolish extracurricular internships, but neither of the two announcements saw the light of day. It seems to be the last one.

Self-employment strategy

The word “self-employed” does not appear in the labor reform, and “self-employment” is mentioned only once to explain that the ERTE benefit is incompatible with this type of full-time employment. But the minister believes that the labor rights of the collective are “absolutely irreparable”, and therefore, in early May Offline strategy.

The initiative was discussed with the main associations of the self-employed (ATA under the SEEO, UPTA under the VST and Uatai under the KKOO) and will soon be submitted to the Council of Ministers, the ministry assures. The project includes entrepreneurial plan with tips and micro-credits for the self-employed, as well as an active employment policy, feasibility studies, classified under the European Recovery Plan funds. It also aims to promote the digitization of self-employment through learning.

In parallel, the Ministry of Integration, Social Protection and Migration is negotiating with the same self-employed associations new quota system. This is a reform that Spain has agreed to undertake in exchange for receiving European funds and must be approved before the end of June, although disagreements between the organizations make it difficult to reach an agreement.

severance pay

Although the recently approved labor reform did not affect the severance pay introduced by Rajoy’s in 2012, this June Diaz shown this month in favor of recovery 45 days compensation per year worked out in case of unfair dismissal. He did this during his speech at the Commission on Labour, Integration, Social Protection and Migration of the Congress of Deputies.

But at the same time, he acknowledged that it would be preferable move to “restorative and deterrent layoffs” from the “classic wording”, more in line with the European style. “The dismissal should have a deterrent intent and a more ambitious view of compensation (…). An employee who is 58 years old and does not have a long contribution period, we have a debate, would this employee not deserve to have his compensation higher because of his age?” the minister raised, asking for “a more ambitious look as compensation “.

Exactly Government refusal to include compensation dismissal in negotiations labor reform This is what prompted the ERC, Bildu and BNG to vote against the new law, which was eventually passed thanks to a mistake by PP MP Alberto Casero. The initiative received the necessary support, but two UPN deputies ultimately voted against the discipline of their party, which should have voted in favor. It’s not that the minister is in talks to change that now, but it’s become clear this week that she’s not completely shutting the door.

Problem with vacancies

Another problem that the Labor Party is tackling is the problem of vacancies in Spain: no one understands that in a country with 3 million unemployed people, there are 100,000 jobs that cannot be filled. In order to analyze this phenomenon and find a solution, at the end of May, the Ministry brought together social agents, and they agreed to monitor the labor market, identify areas and sectors with the highest number of vacancies and act on them. It’s not very clear how they do it. So far, the ministry has succeeded in angering employers by blaming the problem on the fact that jobs are underpaid.

“The problem is not so much the lack of desire to work, but that the jobs are not suitable and profitable enough for workers to live in these tourist cities, many of which are subject to the problem of housing price stress. ”, Secretary of State for Employment Joaquín Pérez-Rey assured at a press conference. For him he has “simple solution”: “pay adequately, keep the breaks and the day and allow reconciliation. When that happens, the vacancies will disappear like a wave of foam,” he predicted.

Social agents will meet again to analyze the situation on June 21st. However, from the Ministry of Labor, they indicate that it is not only about preparing a royal decree, but also about creating perspective exercise this can help fill these jobs with the unemployed currently in the Spanish labor market.

21st century labor law

At a May Day demonstration in Madrid, Diaz announced that “in the next few days” he would begin drafting “the great reform of Spanish law, the Labor Statute for the 21st century.” “The time has come to open the doors of labor law to the 21st century, to change reality from top to bottom,” he said.

The Labor Party assures that this will be a rule that will replace the current Labor Rules, but also specifies that it is being cooked on a slow fire. To prepare it, Diaz will convene a commission of experts, which has not yet been appointed. So far, this initiative has not materialized.

Algorithm for detecting fraudulent overtime

Last week, Diaz announced that he would be contributing to the creation of an algorithm for detecting fraudulent overtime, an artificial intelligence engine that allows accounting for overtime hours worked by employees above the legal limits set by the Statute on workers who are 80 per year and those who simply do not declare. To do this, Work will make calculations and comparisons with the work time record and the workforce, looking for where the excess number of hours may exceed the limits.

This is another measure that very little indicated but the Secretary of State for Employment assured at a press conference that he is keen to be able to “send automated protocols to those companies that participate.” “It can be launched as soon as possible and in a sense, it is already possible to conduct some tests with them, ”he assured.

Right to unemployment of domestic workers

The minister also said she would ensure that domestic workers are no longer the only profession ineligible for unemployment benefits. Finally, this Thursday, Spain ratified International Labor Organization (ILO) Convention No. 189 of 2011, which expands its labor rights. Now it is up to the ministry to regulate this right to unemployment. Diaz assured that his ministry would present a legislative text in the coming days.

At the same time, he said he was preparing a complete law to “redefine” domestic work in Spain and “broaden” the rights of these workers. “The approach will be broader than ILO Convention 189 itself,” Diaz assured the Congressional Commission, stressing that it would be “an ambitious standard.”