The Minister of Labor, Yolanda Diaz, proposed on Wednesday to change the current model of compensation for dismissal, for another “reparative or restorative”. That is to say, that the compensations are not applied equally to all, but that the professional and personal situation of the worker, among other factors, is taken into account.
When this Thursday the proposal was discussed with Antonio Garamendi in the program The Time of the 1 of Spanish Television, the president of the CEOE laughed and recalled that something similar was promoted during the dictatorship of Rivera’s cousinwhich the Franco regime later maintained.
“I just figured out [de la propuesta de Yolanda Díaz] and I have to say, as we say in my town, that it is older than the estuary”, said Garamendi, before presenting his criticism. “In Democracia it ended up being eliminated because, what may seem interesting, it ended up becoming an obstacle for groups. Private companies would not hire people who know in advance that their layoffs are going to be higher than other people’s,” he explained.
[Yolanda Díaz propone que la indemnización por despido dependa de la edad, el género y circunstancias personales]
Indeed, the measure proposed by the Minister of Labor is very similar to the one included in the Labor Contract Law of 1944, promoted in the midst of Francisco Franco’s dictatorship. The rule, like the one now proposed by Yolanda Díaz, proposed different compensation depending on the situation of the dismissed worker.
In its article 81, the 1944 law literally says the following: “If you are dismissed without just cause, you may choose between being reinstated in the same position and identical conditions that you had been performing, or being compensated in a sum to be set by the Magistrate of Work, at your discretion, taking into account the ease or difficulty of finding another suitable placementfamily responsibilities, length of service in the company, etc.
Without referring to the Francoist rule, Yolanda Díaz asked this Wednesday to go to a similar law. She did it in a conference organized by the Association of Economic Information Journalists and he said that if a prepared and educated young man is fired, he will be able to rejoin the labor market more easily than an “old man”, understanding that the latter can see his career frustrated by remaining unemployed.
Given the uproar generated by Díaz’s words, the Minister of Economic Affairs, Nadia Calvino, has clarified this Thursday that the Executive is not working in that direction. “I am not aware of these proposals, but in any case this has not been discussed within the Government,” he assured from Brussels.
[El Gobierno retira la Medalla de Honor al Trabajo a Franco y todos los cargos de la dictadura]
Garamendi’s criticism of this measure is a sum and continues in the tense relationship between the president of the employers’ association and Díaz. Already at the beginning of October they clashed over the increase in the maximum contribution bases, of 8.6%, included in the Budgets for 2023.
The employer described the measure as “inadmissible and unpresentable”. The Executive came out to defend it en bloc from the economic ministries, but the harshest was Díaz, who directly attacked the body: “The CEOE has a problem with equality,” he assured.
Only two months earlier, in August, Yolanda Díaz asked Garamendi for “commitment to his country” due to the lack of agreement for a wage revaluation in Spain to cushion the loss of purchasing power due to inflation. “I show my explicit support for the union mobilizations against the bosses”said the Minister of Labor in the Congress of Deputies.
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Source: Elespanol
