the Five Days / The Government should do “a thorough review of the contract of interim”. The changes of this engagement model should include a compensation of 12 days per year worked, like the rest of temporary contracts and set “some time limits more stringent for their use.”
These are the main conclusions of the expert group of the Ministry of Employment, trade unions and employers for more than two months he studies the problems generated after the judgment of the Superior Court of Justice of the European Union (CJEU) on a case of an interim, that equated the compensation of this worker to the termination target of the undefined.
With this proposal, to indemnify with 12 days to the caretaker, the Spanish legislation would preserve the mandate of the european court which considered that the worker interim plaintiff should be compensated with 20 days per year worked and a limit of 12 monthly payments, as if it were a worker indefinite farewell in an objective manner.
Also, between the proposals of these experts has had access to Five Days, asking lawmakers to “eliminate the possibility of the use by the Administration of contracts as interim for a vacancy with a duration abnormally long”. Although at this point you should make exceptions for contracts of interim of longer caused by substitutions of workers who are in the care of relatives or hold positions as public representatives.
they Also recommend that you evaluate the possibility of applying to the recruitment of interim limits of chaining successive contracts, establishing a maximum duration for this mode. “The Group understands that the maximum duration of the contract temporary must be set in the framework of the social dialogue, attending to the values and legal assets involved”, point to these conclusions.
beyond these coincidences in its proposals for the regulation of the contract of interim, “the majority” of this group of experts agrees also to clearly differentiate the extinction of fixed-term contracts (and, in particular, of the temporary) for the fulfillment of his object and, on the other hand, the extinction of a dismissal for objective reasons (economic, technical, organisational or production).
This group of experts, in the next few days will present its final conclusions, is formed of a part of the Ministry of Employment, by the jurist Miguel Rodríguez-Piñero y Alfredo Montoya Melgar; by the unions, by the labor María Miranda Boto and Joaquin Perez King; and by CEOE-Cepyme, by those responsible for labour relations of these organizations, Jordi García Viña and Smooth Díaz de Terán.
having Said all this, these experts have not reached a conclusion matching with respect to the legal controversy raised by this judgment european about the possible equality of compensation between temporary and permanent. At this point, “the greater part of the group of experts considers that the ECJ “has not given an answer sufficiently accurate and safe to the topic discussed”.
For this reason, and taking into account that the TSJ of Galicia has presented another question for preliminary ruling to the ECJ claiming more clarification to the situation and the Supreme Court is also pending decision, the experts, “for reasons of legal certainty, and advise to defer the formulation of a final report until you do not have these essential resolutions”.
In this sense, they consider that to anticipate a proposal by his party, “even based on social dialogue”, when the matter is still sub júdice, “would run the risk of provoking regulatory decisions that could later conflict with what was decided in these courts”.
SPAIN: experts propose 12 days of compensation for the interim
With Information of Five Dias
http://entornointeligente.com/articulo/9596923/ESPANA-Los-expertos-proponen-12-diacute;as-de-indemnizacioacute;n-para-los-interinos
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