The EH Bildu group in Congress has presented a non-legal proposal to increase compensation for unfair dismissal, as recommended by the Council of Europe.
The Committee of Ministers of the Council of Europe has asked Spain to establish a system of compensation for unfair dismissal that is a “deterrent” for companies and that takes into account “the real damage” suffered by workers, since it considers that the model current does not guarantee it.
The Basque sovereignty group wants this compensation to guarantee the protection of workers and be a deterrent for the employer, recovering the sufficiency prior to the 2012 Labor Reform through a modification of labor legislation regarding dismissals.
“We seek to recover and increase compensation for unfair dismissal that was left out of the Labor Reform”, as the Council of Europe has recently demanded, stressed the deputy spokesperson for EH Bildu in Congress, Oskar Matute.
Bildu recalls, in a statement, that this recommendation is the direct cause of a complaint filed in March 2022 by the UGT union, which alleged the violation of article 24 of the European Social Charter that Spain ratified on May 6, 1980 and which entered in force for the Spanish State on June 5 of that same year.
The UGT complaint motivated, first of all, an opinion from the European Council of Social Rights (CEDS), on July 29, and subsequently the recommendation, this week, from the Committee of Ministers of the Council of Europe.
After pointing out that this resolution goes in the opposite direction to the successive reforms that have been developed in the labor field in the last thirty years by the different Spanish governments, Matute has pointed out that the Labor Reform of 2012 is the one that “establishes a cut in the severance pay that abandons any dissuasive claim for the employer when dismissing his employee”.
Likewise, he has stressed that dismissal compensation was not recovered or modified in the Labor Reform approved in 2022 and that it has already caused jurisprudence in Spain. The deputy, whose proposal will be debated in Congress in the coming weeks, defends that it has the practically unanimous support of the Basque, state and other territorial union centers.
Bildu asks the Congress of Deputies to increase compensation for unfair dismissal
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