This Saturday, the Ministry of Labor and Social Economy opened the public consultation period for the legislative text that will reduce the maximum working day in Spain from 40 to 37.5 hours, an objective that the Ministry intends to come into operation on January 1, 2025. but what, If the measure is approved, it will begin to be applied later, given that before that date it is practically impossible for the legislative and parliamentary procedures to have been completed.
The deadline for civil society to submit contributions will be open from this Saturday until December 7 through the website of the Ministry of Labor and Social Economy. This advance comes after the negotiation table between Labor, the unions and the employers concluded this Thursday as an agreement could not be reached with CEOE and Cepyme, which already formally rejected the measure in the terms proposed by the Government, since they consider that the working day should be dealt with in the collective bargaining of each sector to meet the needs of companies and employees in each activity or company.
The second vice president and Minister of Labor and Social Economy, Yolanda Díaz, repeatedly showed her intention to reach an agreement with the social partners and, from his department, the CEOE was offered direct aid to small businesses in the affected sectors. But Díaz was firm that if there was no agreement with CEOE, they would carry the measure forward also seeking an agreement with CCOO and UGT, since it is a legislative commitment of the coalition government between PSOE and Sumar.
And this is the screen that now arrives, because only two days after the tripartite table closed, The text is already in public consultation and open to contributions from civil society. The Ministry repeatedly explained that the rule will be processed through a bill in Parliament, so negotiation with political groups will now be strengthened.
Content
The text that Labor has put out for public consultation reviews the arguments defended so far to reduce working hours, such as improving productivity or the importance of strengthening work-life balance and people’s time.
After that, explains that the first objective is to establish a reduction in the maximum legal weekly working day (on annual average) from 40 to 37.5 on January 1, 2025, establishing specific provisions for both part-time work and reduced hours.
Secondly, with regard to time registration, on the one hand, the aim is to unify the regulation in this matter of both full-time, part-time, ordinary and extraordinary work in a single new article.
The problems that are intended to be faced are, on the one hand, the achievement of a “really effective” workday registration system, presided over by the principles of “objectivity, reliability and accessibility and interoperability”.
It is also intended that the registry be accessible to each worker automatically and to employee representation and to the Labor and Social Security Inspection (ITSS). In these last two cases also remotely.
On the other hand, The standard seeks to improve the regulation of the consequences of non-compliance regarding time registrationboth from a substantive legal point of view – presumptions – and from a sanctioning point of view.
Disconnection
Thirdly, with regard to the right to disconnection, the aim is to “unify” the “dispersed” regulations on the matter in a single precept, incorporating some aspects of the Disconnection Agreement negotiated in the European Union and also the V Agreement for Employment and Collective Bargaining (V AENC) signed last year by unions and employers with general notions for the negotiation of collective agreements.
In this way, Labor wants to define the “inalienable right of the worker to disconnection outside of their working day, as well as the business duty to guarantee such right by referring the modalities of exercise to collective bargaining.”
“It is guaranteed that the worker’s refusal or non-compliance with communication outside of their working hours may not give rise to negative consequences or retaliation or less favorable treatment,” the text highlights.
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