From the 2012 labor reform, Spain uses a fixed scale to establish compensation for Improper dismissal. The Council of Europe has re -urged Spain to change this system indicating that it does not comply with the provisions of the European Social Charter Companies are already very cheap to fire their employees for no justified reason.
The European agency considers that workers in Spain are not correctly protected against a dismissal without just cause Because when you know in advance the cost of your compensation for dismissal, it loses its deterrent effect. In addition, the regulations do not include that in the calculation of this compensation, the principle of proportionality by the Damage caused to the worker.
New Strasbourg Notice. Spain ratified the European Social Charter in 2021 with the objective of harmonizing labor policies throughout the territory of the Union, committing to transpose the indications of the community document to Spanish regulations. However, the resolutions issued by this European agency are not binding, but the commitment signed by Spain.
As he advanced The countrythe pronouncement of Strasbourg has occurred by a CCOO union claim in 2022 before the European Social Rights Committee (which adds to the already resolved request of UGT in 2024) on the need to reform the compensation system in Spain. The union claims the Government of Spain to equate its regulations to the European, which made that the agency pronounce again, Giving the reason to the union and urging the Government to modify this system.
The Spanish legislation of 2012. The Council of Europe has made it clear that the system of Compensation for improper dismissal of Spain breaches the appropriate justice and reparation parameters. According to current Spanish regulations, which the government of Mariano Rajoy reformed in 2012, workers receive compensation of 33 days of salary per year worked, with a maximum limit of 24 monthly payments, instead of 45 days per year with 42 monthly payments that were before the reform.
However, the Council of Europe has been considered an insufficient model due to its zero deterrence for inadmissible layoff calculate the costs of dismissal In advance, especially for those with little seniority in their jobs.
Union spokesmen insisted that this resolution “evidences the need to open a stage of dialogue and negotiation in the field of social dialogue to adapt the framework for the protection of workers in the face of dismissal to the demands of the European Social Charter”, collected The plural.
Discrepancies by article 24. The main point of friction between the European Social Charter and the current Spanish legislation focuses on section B of article 24 of the European document indicated: “The right of dismissed workers without valid reason to adequate compensation or other appropriate reparation.”
In its resolutions, the Council of Europe has made it clear that the compensation system for unfair dismissal of Spain breaches the appropriate justice and reparation parameters, leaving in judicial hands the calculation of a personalized compensation to each specific case.
“It is essential In your writing before the Council of Europe.
The temporal “patch”: go to court. While the government is expected to adapt the legislation to European recommendations, to workers who face an inadmissible dismissal only the judicial means have to obtain compensation according to the European Social Charter. However, the Supreme Court It has not been very satisfied With that solution to conflict with Spanish regulations, which they already consider “adequate”, although it left Open the possibility of reinterpretations from European standards.
The Last data of layoffs collected in the report ‘Disposal statistics and its cost ‘ prepared by the Ministry of Labor and Social Economy give the reason to Europe, indicating that the Average compensation for dismissal in Spain in 2023 It was 35% lower than those received in 2021, although the number of layoffs increased by 34%. That is, although inadmissible dismissals have been resolved by judicial means, the courts have not imposed higher compensation as “reparation” as they ask from Europe.
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Image | Unspash (Mika Baumeister)