1. How much do you know about the reform
of the labour law?
(La reforma laboral)
2. True or False
The new law makes it more economical for
employers to dismiss workers?
3. True
By augmenting the acceptable reasons for
dismissal, employers now have more capacity to lay
off workers at a lower cost.
Severance pay for fair dismissals will now be paid at
20 days per year worked up to a maxium of 12
months.
http://www.preguntasfrecuentes.net/2012/02/16/nueva-reforma-laboral-2012-despidos-procedentes-sera-
la-forma-de-despedir-a-los-trabajadores /
4. True or False?
Redundancy can only be justified under the
new reform of the labour law if your employer
is making losses?
5. False
The new law allows for redundancy “when gross
income or sales fall for nine consecutive months”.
This does not mean that the employer is making a
loss, but is simply earning less. You can now be laid
off even if your employer is making a healthy profit.
http://www.rtve.es/noticias/20120210/reforma-laboral-2012-rajoy/497259.shtml
6. True or false?
The reform of the labour laws means that
your employer can reduce your salary.
7. True
From now on salary is included among the
conditions that your employer can modify
“unilaterally”, simply by claiming reasons of
“competition, productivity or technical
reorganization in the company”.
http://economia.elpais.com/economia/2012/02/12/actualidad/1329022533_114896.html
8. True or False?
Nine days of sick leave, even when justified
by your doctor, may now be cause for
dismissal.
9. True
According to the new law, absenteeism, which up to
now was judged against average absenteeism of the
workforce, is now judged solely by the number of
days a worker has been off as an individual. A badly
twisted ankle could now be motive for dismissal.
http://www.elperiodico.com/es/noticias/economia/nueve-dias
-ausencia-incluso-justificados-bastan-para-despedir-1423275
10. True or False?
It is now up to the worker to prove that her
dismissal was unfair.
11. True
All dismissals are now considered fair. If the worker
doesn’t agree, the onus is on her to take the case to
court. The wages lost in the process will only be
payable if the court recognises the dismissal as
unfair and the worker doesn’t opt for severance pay.
http://www.rtve.es/noticias/20120211/despido-sera
-procedente-salvo-trabajador-demuestre-contrario/497457.shtml
12. True or false?
Collective dismissals have to be given the go
ahead by the ministry of employment or the
local government work council.
13. False
This will no longer be necessary. The new
law also widens the scope of these
dismissals and accelerates the procedure.
http://ccaa.elpais.com/ccaa/2012/02/13/catalunya/1329141175_129792.html
14. This won’t affect workers who have collective
bargaining agreements between trade unions
and employers.
15. False
The reform of the law allows for employers to
overide any sectorial collective bargaining
agreements in all areas : wages, working hours,
performance, even changes of professional
category.
http://www.ccoomadrid.es/comunes/temp/recursos/14/doc92479.pdf
http://www.comfia.net/imagenes/madrid/REFORMAL%20.swf
16. How does the government believe this new
law will increase productivity?
17. In its memorandum justifying the new law the
government has stated “a low risk of
dismissal discourages endeavour”. The idea
being; increased job insecurity increases
productivity.
http://www.publico.es/dinero/422525/al-ser-el-riesgo-de-despido-muy-reducido-
se-desincentiva-el-esfuerzo
18. True or False?
The rights we had are now lost, there is
nothing that can be done.
19. False
The reform of the labour law is currently
under consideration in parliament. The trade
unions have called a general strike of all
workers in Spain for Thursday the 29th of
March. The general strike of 2002 stopped a
previous attempt to take away worker’s
rights, we can stop this too.