On February 3, Royal Decree 32/2021, which modifies the Workers' Statute, was
validated in the Congress of Deputies. We will leave aside the skills of electedrepresentatives regarding new technologies and telematic voting and we will focuson the main changes that affect us as workers. ---- COLLECTIVE AGREEMENTS ----The 2012 reform gave primacy to company agreements over sectoral agreements insalary negotiations. This meant that a worker could earn less than others in thesame sector if his company had signed an agreement that lowered wages. In thissame reform, the ultraactivity of the agreements was suppressed. The agreementslost their validity if, one year after their expiration, there was no agreementfor their renewal.With the new reform, employers will maintain their power to substantially modifyworking conditions. This, regulated in article 41 of the Statute, grants thecompanies almost absolute power over the workers and leaves room for the ups anddowns that the market economy may suffer. The statute speaks that "there areproven economic, technical, organizational or production reasons" (will we provethem? I don't think so) and further down it adds that: "They will be consideredsubstantial changes in working conditions, AMONG OTHERS, the that affect thefollowing matters. It is that "among others" that should concern us. We are clearthat the day, the schedule, the shift work regime or the salary would enter butthat "among others" opens the doors to the wonderful experiences that living incapitalism can bring us. But the writing of this article is not from this reform,but from 1995. Come on, from the last century.The problem with labor reform lies in its name. It is a reform, not a repeal. Asmall brushstroke of color in the gray scale that the working class is sufferingin the labor market since they began to apply neoliberal policies with the 2012reform.The sectoral agreements will be imposed in the negotiation of salaries and thenational agreements will once again have priority over the regional ones. Thisdoes not mean that it is good or bad for women workers. It all depends on whonegotiates these agreements. According to a study published by the Bank of Spainthat analyzed the collective agreements signed in Spain between 1990 and 2001:Empirical evidence indicates a relevant effect of the scope of negotiation bothon the salary increases agreed upon in the agreement and on the distribution ofsalary levels by professional categories, established therein. In the first case,it is observed how at the intermediate level of the negotiation(sector-provincial) wage increases are reached that are, in general, higher boththan those agreed at a more centralized level (sector-national) and a moredecentralized level (company). The collective bargaining system in Spain: ananalysis with individual data from Agreements. Occasional Paper 302. MarioIzquierdo, Ester Moral and Alberto UrtasunOn the other hand, ultraactivity is recovered. An agreement will remain in effecteven if it has expired until there is an agreement, even when the agreement isthe subject of arbitration. And regarding subcontractors, the workers of thistype of company will now be subject to the agreement of the activities they carryout.CONTRACTSThe biggest difference in this field is found in the disappearance of thecontract for work and service. This contract was the one that accumulated themost infractions and its fraudulent use was common for activities that actuallyrequired an indefinite contract. In theory, those who suffer this contract willbecome indefinite or fixed-discontinuous before March 30.For the temporary contract, causality is required (shit another interpretableword) that justifies the contract and must be stated in it. If it is due to anunforeseeable cause, it will last six months, extendable to twelve by agreement.If it is foreseeable, only three months. Contracts of less than 30 days will havea triple penalty in their price.For the training contract, alternating training is created, for those who do nothave the degree and are not over 30 years old, with internships in companies andtheory and a maximum of 2 years with time limitations and professional practice,for those who have obtained a degree in the three years prior to the contract(five for the disabled). Duration between six and twelve months with the samesalary in agreement.ERTES AND NETWORK MECHANISMRegarding ERTES, the negotiation period is reduced from 15 to 7 days in companieswith less than 50 workers.Then there are various social security exemptions that companies will receive ifthey give training courses but that I will not analyze because I start from thebasis that the public of this newspaper is not business.The RED mechanism is created. It will be used to help companies overcome cyclicaland sectoral problems and must be approved by the council of ministers. I don'tlike to criticize something that hasn't been tried yet, but Pedro Solbes,Minister of Economy, said this on January 10, 2008 «There is no crisis. If thereis[in the future]and the citizens give us confidence, we will manage the crisis»On June 3, he once again rejected the idea that Spain was immersed in an economiccrisis, although he recognized that our country was going through a situation«serious and worrying" to which attention should be paid. Finally, on July 16 "Itis the most complex crisis in history"LAYOFFSEverything remains the same except for the administrative staff, who will nolonger be able to be dismissed for technical, economic or organizational reasons.IN CONCLUSION, the problem with the labor reform lies in its name. It is areform, not a repeal. A small brushstroke of color in the gray scale that theworking class is suffering in the labor market since they began to applyneoliberal policies with the 2012 reform.https://www.cnt.es/noticias/reformas-sanchez-y-compania/_________________________________________A - I N F O S N E W S S E R V I C EBy, For, and About AnarchistsSend news reports to A-infos-en mailing listA-infos-en@ainfos.ca
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