The majority unions, CCOO and UGT, insist that they maintain their battle against the current compensation for unfair dismissal in Spain for breaching the European Social Charter, as the European Committee of Social Rights has already resolved. Both organizations emphasize that the Supreme Court ruling known this Friday that supports the compensation of 33 days per year “does not settle the debate” on the possibility of additional compensation, since it does not address the application of this charter of rights at the European level.
The Supreme Court ruling published this Friday was highly anticipated in the debate on whether compensation for unfair dismissal in Spain, valued at 33 days per year worked, is sufficient according to international regulations. The Social Plenary of the high court has endorsed the current compensation, although it takes as reference the Constitutional doctrine and an ILO Convention (158), which requires “the payment of adequate compensation or other reparation that is considered appropriate.”
However, the magistrates themselves warn in the ruling that they do not rule on the European Social Charter, which they consider “is not applicable in this case”, given that it was ratified by Spain “after the moment in which the dismissal”. Therefore, “said treaty was not part of the domestic law,” the judges maintain.
Differences with the Supreme Court
The unions highlight “deep respect” for the judicial decisions and the Supreme Court, but consider that the ruling “recognizes the compatibility of Spanish regulations” with this ILO Convention, limiting itself to “interpreting article 56 of the Workers’ Statute from a perspective “which we consider insufficient to guarantee the full effectiveness of this right.”
Furthermore, CCOO and UGT emphasize that “the ruling has not addressed the application of article 24 of the European Social Charter (revised), ratified by Spain on May 17, 2021 and published in the BOE on June 11, 2021.”
The unions recall that the Council of State, on July 8, 2021, stressed “that the decisions of the European Committee of Social Rights are mandatory”, such as the one pronounced last summer against Spanish compensation, for which they consider “that “Judicial decisions cannot ignore the international commitments assumed by Spain.”
Hopes placed on the European Social Charter
CCOO and UGT maintain their hopes in the European Social Charter and the European Committee of Social Rights, before which they have filed claims against compensation for unfair dismissal in Spain.
The UGT already has a favorable resolution, which concludes that Spain violates the European charter of rights and which has motivated the Council of Europe to have already asked Spain to modify its legislation on dismissal. The claim presented by CCOO has already been evaluated by the international organization, but its conclusions have not yet been made known, which are expected in the same sense.
“Both unions have used the collective claims mechanism to question the adequacy of the compensation system for unfair dismissal in force in Spain. We consider that these compensations do not fully satisfy the demands for adequate reparation provided for in the international instruments ratified by our country,” CCOO and UGT maintain.
The same is expressed in the Colectivo Ronda lawyers’ cooperative, specialized in labor law, which assessed this Friday that this “first round” in the Supreme Court has been “won by the companies and lost by those of us who believe that Spanish legislation fails to comply.” with international standards in ensuring that compensation is insufficient to prevent abuses.”
“But there is still much to be said and we are still waiting for the ruling to be pronounced on the compatibility of the Spanish compensation system with the European Social Charter. And we already know what the European Committee of Social Rights has said about it…”, they add in their assessment, which they have shared through X (formerly Twitter).
The majority unions insist that “they will continue to defend the rights of workers and promote effective compliance with international standards on labor rights,” the union organizations conclude.
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