The employer has lived An unprecedented situation. The pulse that Antonio Garamendi and Gerardo Cuerva maintain has taken on Tuesday to the Directorate of Cepyme, with one point of the agenda: change the unlimited vote delegation that, in … These moments allow the Internal Regime Regulation of the employer of SMEs and that Antonio Garamendi has used to ensure support for his alternative candidacy. The situation that has occurred has been unprecedented in the organization because only 30% of the committee supported the Cuerva Plan, a situation that prevented the proposal in question, rejected, to pass to the Board of Directors, according to the statutes of Cepyme itself , but it didn’t happen that way.
“The Internal Regime Regulation and its successive modification will be approved by the Board of Directors at the proposal of the Executive Committee,” says article 57 of the Internal Regime Regulation. However, Gerardo Cuerva was in the way and took that proposal – in this case of the president – until the Board, although they were Many notices that he was committing an irregularity.
Unespa, ATA or Confemetal, the delegations of Madrid or Andalusia intervened to remind the president of Cepyme that he was committing an irregularity and missing the statutes, and that, therefore, the decisions could be challenged, as will be. But finally the Board voted and departed in two. Of the 122 votes cast, 64 were in favor and 55 against. Cuerva used 29 Voting Delegationswhat he himself wants to prohibit, ”Fuentes de Cepyme told this newspaper.
As ABC already reported, since last summer the president of the CEOE seeks a candidate to dispute the presidency of the Cepyme to Gerardo Cuerva. The frictions that have maintained in key matters, such as labor reform or the different visions on how , having lost your trust. Before taking the step, Garamendi offered Cuerva a position in Latin Americathat the president of the SMEs rejected.
The reasons that would have taken the head of the employer to make the decision to try to evict Cuerva from the Directorate of Cepyme are several, but two of them were a before and after in the relationship of two heavyweights in the organization: the disagreements On the labor reform, which CEOE signed in 2022 with the government and the unions, and the manifest that the organization of SMEs presented last July to defend the freedom of business. Issues such as positioning on the pardons of ‘procés’ have also weighed.
Tensions with the Government
The schism in the employer arrives at a very delicate moment, of strong tensions with the government, and with the second vice president and Minister of Labor, Yolanda Díaz, opening the way to the employer amadrinada by Begoña Gómez, Conpymes, in the institutions of the State and In the social dialogue, with the ultimate goal of changing the rules that measure representativeness. At the doors there is also the reduction of the day to 37.5 hours and a mandatory time record, whose breach It will result in very high fines. And the shadow of a dismissal Improcedent looms over the labor market after the Minister of Labor confirmed her intentions.
The confirmation that in the elections that Cepyme will celebrate two candidacies made CEOE a hotbed, but the trick that the head of Spanish businessmen has played to ensure the success of their alternative have further reduced the environment. As this newspaper reported, the president of CEOE is demanding from his partners the delegated vote, with an eye on tie the necessary support To evict Cuerva. The opportunity to use the representations without limit in the elections that currently shields the internal regulations of the SMEs’s employer permits, unlike what happens in CEOE and ATA.
Legal Report
To reinforce the regulatory modification Cuerva has submitted to its management body a legal report on this delegation of the vote without limit, in which the experts consulted openly question that option, for understanding that it can hide pressures and to alter the democratic principles of the Organizations. Textually they ensure that these representations “can lead to the exercise of pressures -say -with the end of Transfer the meaning of vote and, in short, the result of an adoption of agreements or election to one or few hands, thus violating the democratic principles for which business organizations must be governed ».
Election call
Cuerva’s four -year mandate in Cepyme defeats at the end of March and the idea of the presiding organization is to celebrate the elections in May, although sources close to the president of CEOE say that already I should have summoned the elections. The arguments of the employer of SMEs are, on the contrary, that their statutes leave the president to call the elections, which They do not mark any termand ensure that they have legal reports that allow it. They argue that there are two background in the organization of celebration of elections completed the mandate.
After the Cepyme committee, tomorrow is the turn of CEOE, which will celebrate yours, in addition to the Board of Directors. In these meetings the two presidents in Liza will be the faces and it is likely that the issue of confrontation will come to light.
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