On August 1, 2022, the deadline for Spain to incorporate into the labor standard concluded The 2019/1152 Directive of Transparency in Companieswhich includes new obligations for these and more benefits for employees, very relevant changes that must … join the legal system by all member states, and that are pending only in our country.
Yolanda Díaz did present a legal text project to social agents, which did not receive the support of companies because the content went beyond what Europe was sending and the norm was approved by the Council of Ministers in February 2024 and sent to the Congress of Deputies for parliamentary processing, where it is stopped since then.
The European Directive was approved more than five years ago, in 2019, and its content aims to contribute to give more certainty and security to workers and combat precariousness with measures related to working time. The transposition approved by the Council includes, for example, the company’s requirement that record any modification of working conditionsalso contracts, regardless of their duration. It includes improvements in part -time information rights and the possibility that employees with this contractual formula, when they are six months old in the company, can request full -time vacancies. Among the measures is also limiting the six -month trial period for technicians and two months for other workers.
The directive says that the employer cannot hinder the multi -employment and among the remarkable changes it is included that the statute recognizes among the basic rights of the workers to know the so -called by the directive “Work pattern”both the foreseeable and the unpredictable, and, where appropriate, the criteria for which it can be altered.
What has happened for Díaz to dilate the transposition of a beneficial standard for workers? The Ministry of Labor has not given an answer to this newspaper about the reasons for delay. Sources consulted by ABC suspect that the Second Vice President and Minister of Labor has been delaying that validation in Parliament waiting to achieve a day reduction agreement, which from the socialist wing stopped on several occasions.
The same sources believe that Díaz could have weighed incorporate the hourly reduction until 37.5 hours in an amendment agreed with the groups to get ahead. But finally the reduction of the work week has passed the Filter of Council of Ministers, which not of the social dialogue, and the supposed maneuver has not been necessary, which is why the sources themselves do not rule out that the Minister is now downed by the Directive, in the one that intended to go beyond the community mandate and Take advantage of the norm to incorporate measures such as labor market control for algorithms.
Spain is The only country that has not made that transpositionwhat can lead to millionaire fines: it currently has 87 active infraction cases before the European Commission for not having adapted to the norm the community guidelines, having done it incorrectly or due to lack of communication to European agencies, which places our Country in second place in open cases, only behind Poland, which has 91.
High fines
One of the highest fines for not transposing a directive, that of Personal data protectionwas imposed in 2021 by the Court of Justice of the European Union (TSJU), which condemned the payment of 15,000,000 euros and a daily coercive fine 89,000 euros. Italy, for example, the delay in the transposition of European regulations on the protection of groundwater against pollution brought a sanction of 25 million euros, plus daily coercive measures.
The European Commission has already warned Spain twice of your breach. The first was in September 2022 and also did 18 more countries. And the second touch of attention for the non -transposition of the directive was in June of the year 2023 to Spain, Greece and Luxembourg. Then he gave the government two months to notify the measures to be adopted, but the notices were then ignored by the Executive until today, with a clear risk of fine.
Germanyfor example, approved in June 2019 the ‘Gesetz Zur Umsetzung der Richtlinie’ law with the new labor novelties. Belgium carried out the transposition also in 2019 and in France the European guideline was incorporated into the Gala Standard in 2023, just as Portugal and Greece did. A year before Italy and in 2024, Luxembourg.
Ask the commission
Last January 21 The European Popular Party He asked the European Commission in which he denounced that the directive of transparent working conditions should have been incorporated into the Spanish order “no later than August 1, 2022.” The letter, which is signed by deputies Raúl de la Hoz and Adrián Vázquez, recalled that this transposition has not taken place, which left Spain alone in Europe.
Given this delay situation, the two popular deputies They asked the European Commission: «How do you think the lack of transposition undermined workers’ rights? Have you adopted, or do the Commission, the measures aimed at ensuring that the aforementioned directive in Spain is transposed?
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