2023-09-20 16:27:42
New judicial fronts are opening against the Government. The CEOE will appeal the new obligation that the Executive imposed since last July on companies of having to give notice of a collective dismissal (ERE) at least six months in advance. He did it while in office, through the back door, within a norm that theoretically was about something else and without any type of prior dialogue, much less social agreement, barely a year and a half after the labor reform came into force, they argue. employers’ sources to this newspaper.
This was approved at the Board of Directors held this Wednesday, in which it was also agreed to demand that the Ministry of Labor maintain the bonus system for mandatory training after the change in criteria applied by the Labor Inspection, which has been sanctioning in recent years. months to many companies for having deducted these fees, something that had never happened in a system that has been common since 2004, CEOE and Cepyme denounced in a joint statement.
It was also the ministry led by Yolanda Díaz that introduced an additional provision with changes to collective dismissal in the royal decree with which it developed the operation of the new RED mechanisms for flexibility and stabilization of Employment. As a result of this new rule, companies that intend to close one or more work centers are obliged, when this entails the definitive cessation of activity and the dismissal of fifty or more workers, to notify this decision to the authority. competent labor force due to the territory and to the Ministry of Labor and Social Economy, through the General Directorate of Labor.
This notification must be made through electronic means and at least six months prior to the communication of the opening of the consultation period addressed by the employer to the legal representatives of the workers.
“In the event that it is not possible to observe this minimum notice, notification must be made as soon as possible and justifying the reasons why the established deadline could not be respected,” establishes the royal decree. The change also establishes that a copy of this notification be sent to the most representative union organizations and those representing the sector to which the company belongs.
Bonus changes
The CEOE also raised its voice this Wednesday to maintain the system of bonuses for mandatory training, which has been applied in Spain to companies that must do this type of training by regulatory mandate or collective agreement and which can be either transversal (for example, occupational risk prevention) and sectoral (for example, food handling).
From 2004 until recently, companies were deducting mandatory training for their workers without any problem. For this, social contributions include a 0.7% fee for training, of which 85% is paid by employers. However, in the last year the Inspection has launched a campaign against these bonuses and is sanctioning many companies for having benefited from this aid, which they are also forced to return, the employers warn.
The businessmen denounced that this is a “change in criteria” that, “in some cases, is intended to be applied retroactively and even require interest and sanctions, which seriously affects the legal security of companies, especially of SMEs and those of smaller size. The organizations ask, therefore, for the adoption of urgent regulatory and administrative measures to correct this situation and restore the legal security of companies.
More than 2.5 billion raised
The ministry assures that it has not changed its criteria or given new instructions regarding the mandatory training bonus. “The Labor and Social Security Inspection, within its functional autonomy, must submit its actions, as required, to judicial interpretation,” sources from this department assured this newspaper, referring to the ruling of the National Court. from last year.
In addition, they recalled that training in occupational risk prevention is mandatory and allows workers to face their work obligations while safeguarding their safety and health in their jobs. “It does not, therefore, imply an improvement in their skills nor is it intended for the requalification of workers,” they stated.
CEOE and CEPYME remember that, of the 2,556 million euros that were collected in 2022 as a training finalist fee, 85% was contributed by companies and the remaining 15% by workers.
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