AIAS Lunch Seminar 5 July: Dr. Nuria E. Ramos Martin - AIAS

The new reform of Labour Law in Spain

Dr. Nuria E. Ramos Martin

Click here for the presentation

Day: Thursday 5 July 2012
Time: 12.15 – 13.15 hrs.
Location: AIAS, 3rd floor, M building, Plantage Muidergracht 12, Amsterdam
Registration: Please send an email, preferably before Wednesday 4 July 15.00 hrs, to register.
A sandwich will then be provided.

Abstract

One of the key concerns related to the post-industrial labour markets of EU countries is the tendency towards increased levels of precarious work, accompanied by processes of segmentation and exclusion. Growing proportions of the active population do not correspond to the traditional industrial type of employment with full-time open-ended contracts, access to social security arrangements and represented by trade unions. Increasingly the labour market is fragmented, with new types of employment such as fixed term contracts, part-time contracts, temporary agency workers, dependent self-employment and informal work becoming increasingly important. This trend to growing precarious employment is especially clear in the Spanish labour market.
Reducing precariousness and segmentation and improving the social rights of precarious workers has become a priority for governments and trade unions in Spain. In the last five years, several legal measures have been passed to try to counteract this trend and the main trade unions are adopting actions to fight the high levels of temporary employment in the country.
The last developments on precarious employment in Spain and the adoption of several legal reforms on the regulation of temporary employment contracts, training contracts, dismissals, redundancies, social security legislation and the rules on collective bargaining can only be explained within the context of the serious economic downturn that the Spanish economy is undergoing since the last months of 2008. This economic crisis has led to a dramatic increase in the unemployment rate that has watered down nearly all attempts from the Spanish governments and the social partners to fight precarious employment. The drop in the labour demand has recently led to a labour law reform diminishing protection against abusive use of fixed-term employment contracts and lowering severance payment in case of dismissal.
On February 12th 2012, Spain’s far reaching labour law reform was passed through the Royal Decree Law 3/2012. From now onwards, a company can dismiss for “objective”-economic reasons on the grounds that its profits have fallen for three consecutive quarters.
This is the more important change regarding objective/economic dismissal but it is not the only change affecting dismissal law. The reform also eliminate the possibility for companies to use the so-called practice of “express dismissal” under which companies wanting to fire workers without having to go through a court could state that the dismissal was unfair at the cost of paying more compensation (the severance payment of 45 days of salary per year of service plus the amount of the so-called procedural wages due to the worker up to that moment).
Other important legal measures included in the recent labour market reforms in Spain will be discussed at the seminar. The position and strategies adopted by the social partners, in particular, trade unions, to try to fight precariousness on the labour market and opposing the new labour law reforms will also be examined.

Click here for an overview of all lunch seminars from January – July 2012

 
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