MADRIDThe European Committee of Social Rights considers that Spain has “violated” article 24.b of the European Social Charter. In other words, the body concludes that the Spanish regulation of compensation for unfair dismissal does not conform to the European regulation, as is clear from the resolution to which the ARA has had access and which is published this Monday . Specifically, it ensures that the Spanish compensation, which provides for a payment based on 33 days’ salary per year with a maximum of 24 monthly payments, does not take into account factors such as the impact of the dismissal on the worker’s career, his circumstances personal or possible moral damages.
In fact, the UGT – which was the one who filed the complaint – already anticipated last week that this European body would fail against the Spanish regulation, which in the eyes of the union forces the Spanish government to move and reform the legislation current While the Spanish employers’ union CEOE does not share this premise, the Minister of Labor, Yolanda Díaz, anticipated last week that she will call the social agents to address a possible reform in the framework of the social dialogue.
The Committee notes in its resolution that in most cases the current compensations do not compensate for the harm done to the person. It also concludes that the company cannot know the cost of unfair dismissal because it cannot make calculations to apply it; that compensation must be a deterrent to arbitrary dismissal; and finally recommends introducing a processing wage for workers during this litigation period.
“It radically transforms the model of the last 40 years”, emphasize sources from the UGT. From the union, last week they emphasized that the “importance” of this resolution lies in the fact that it forces the executive of Pedro Sánchez to implement a reform. “It is binding”, assured the leader of the UGT, Pepe Álvarez, who recalled that the Committee “is a judicial body and what it does is to sentence accordingly”.
Source: www.ara.cat
