The union considers that it does not comply with community legislation and sees the compensation of 33 days per year worked as insufficient, which does not compensate workers or discourage companies
CC OO joins the UGT and files a complaint with Europe for the low cost of the dismissal price in Spain. This was announced this Wednesday by the union, which argues that the current legislation in relation to unfair dismissal “neither protects nor adequately compensates workers, nor does it exert a deterrent function on companies and, therefore, does not comply with the Social Charter revised European
For this reason, CC OO presented a collective claim to the European Committee of Social Rights to denounce that Spain does not comply with the European Social Charter regarding the protection that must be provided to workers against unfair dismissal, that is, without valid cause.
In order to comply with the guarantees given by the European Social Charter, which Spain signed in 2000, the organization led by Unai Sordo demands the restoration of processing wages, abolished by the 2012 labor reform, and the possibility that the body court may impose compulsory reinstatement as adequate reparation in certain cases of abusive or fraudulent dismissal.
At the same time, CC OO considers that the recognition of compensation for the damages suffered must be made possible, which is not limited to the payment of the 33 days per year of service established in the labor legislation, in particular, when there are other specific damages, or there have been repeated abuses in temporary contracts, both in public employment and in private companies.
In addition, the complaint states that a minimum compensation amount must be established to guarantee adequate compensation for workers with a very short-term contract and to strengthen “the essential deterrent function that any compensation system must have against unjustified dismissals.”
This is the second complaint received by the European Committee on this matter after the UGT filed a claim along the same line last March and it has already been admitted for processing by this institution, which gave a deadline until the next 30 November for the Government and businessmen to present their observations.
The cost of dismissal has been one of the issues that was not finally addressed in the labor reform approved last year and that was pending to be addressed at the social dialogue table. Recently, the Minister of Labor, Yolanda Díaz, advocated for a comprehensive reform dismissal that implies reformulating the causes and establishing different compensation depending on the circumstances of the worker.
The proposal that the vice president wants to bring to the social dialogue table is to carry out a different treatment of the causes and move towards what she has called “reparative or restorative dismissal”, which supposes a different compensation depending on what “the impact” is. that dismissal may have on people, so it could vary depending on the age, gender, training or income of the worker.
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