There is still no Government, but the employers take the opportunity to send messages in case a coalition is formed between PSOE and Sumar. Specifically, that it is not appropriate to make any changes to the legislation on dismissal in Spain. “Neither employers nor employees are concerned about dismissal at this time,” said Lorenzo Amor, the president of ATA, the self-employed association linked to the CEOE, this morning.
Lorenzo Amor added that “at this time”, the dismissal does not concern citizens. “We should be concerned about hiring, not layoffs. "We should not think about toughening layoffs, but about facilitating hiring," he said, also accusing politicians of being involved in issues that are not those that really interest citizens and insisting on the need to increase hiring, since " We have a sad record, which has long led the unemployment rate in Europe.”
It is a position opposite to one of the initiatives championed by Yolanda Díaz, such as the so-called “restorative dismissal”, that is, compensation is set based on the circumstances of the dismissed worker and also the situation of the company. That the age, training and sex of the dismissed worker be taken into account when determining compensation.
Along the same lines, both UGT and CC.OO. have demanded from the European Committee of Social Rights of the European Council a modification of the current dismissal system. The petition, for which the unions expect a favorable ruling, is based on article 24 of the European Social Charter and the thesis is that the current compensation for unfair dismissal is based on “a pure calculation of an economic nature and on predetermined parameters of "automated manner by law, without margin for assessing real damages."
Let us remember that current legislation provides for 33 days per year worked with a maximum of 24 monthly payments for unfair dismissals. Something that, for example, CC.OO, criticizes, considering that it leaves workers with little seniority unprotected, whom, they say, it is always cheap to fire.
The refusal to touch on severance pay was one of the concessions that the unions made during the negotiation of the labor reform, aware that entering into this issue could block the entire agreement. He was aware of the emphatic opposition of the employers' association to entering this field. Now, it will depend on the new Government, and also on the resolution adopted by the European Committee of Social Rights.
Lorenzo Amor has spoken about the dismissal in the presentation of the latest ATA observatory, which states that only 33% of self-employed workers estimate that their turnover has increased during this year, while, on the other hand, 85% indicate that expenses have they have increased it.
