How does the hotel's new labor reform?

From the February 13, 2012 comes into force labor law reform approved by the Popular Party to try to boost the labor market.

What is it? How does it affect me that I have a permanent contract? What affects me I'm a young unemployed? How do you adjust the catering to this new reality?

The key point of the labor reform is to better conditions for termination of contract between employer and employee. Both the monetary amount to be charged as in the cases where the dismissal is considered appropriate. Harden some measures as described below.

It is considered that the dismissal is appropriate if the company proves to be a decrease in sales for 3 quarters continued, liquidating the employee with compensation of 20 days per year worked.

Applied to the hotel would not be very difficult for a restaurant to show his top billing is in December and the first quarter is the worst for the whole economy, not back in the second, in summer the tourist area is not ... and you the 3 consecutive quarters of no lift in sales. Numbers always susceptible to accounting manipulation, since the hotel is probably one of the businesses in which it performs additional tax fraud even though the administration fight against it.

It hardens the discipline about the worker's absences, even justified but intermittent. If these account for 20% of the working day of the worker during the last 2, or 25% in four discontinuous months within a twelve month period applies from future dismissal as to 20 days per year worked up to 9 monthly.

In this sense I do not think we are in the hospitality industry than other sectors, but in my opinion the fact that the faults are still being penalized justified is something I think is not objective and that is possible in a picaresque in which the employer has the law on their side to perhaps use abusive.

Unfair dismissal:

For the inappropriateness of dismissal shall apply to economic compensation to 33 days per year worked to a maximum of 24 months for periods of work after the entry into force of the labor reform, while maintaining the old conditions of 45 days per year worked up to a maximum of 42 months accumulated for those periods of previous work.

That is, if I take 20 years my restaurant (02/12/1992) and the company decides to terminate my contract without valid e indemnizarme should pay me:

45 × 20 = 900 working days or 30 monthly installments of my gross salary calculated

plus 33 x (years of working as of 13/02/2012)

As respecting the old price before dismissal will be much more concerned if they begin a new contract and will serve to stimulate the progress of some workers who abuse their dismissal is expensive for your company does not pay with motivation.

Therefore the price of dismissal is cheaper, but if you bring your company many years does not affect you this way, but if you can try to find more easily a fair dismissal.

• Compare the releases based on new or old law, here .

Working conditions:

Entrepreneurs can change the working conditions for economic, technical, organizational or organizational competitiveness or productivity.

This results in schedule changes, shifts and "rate of pay, not to accept the new conditions may terminate the contract with compensation of 20 days per year with a maximum of 9 months."

9 months, 270 days, which signigica that you achieve maximum compensation to the 13.5 years old. Surely enough habáa layoffs of people, "veteran" people who will not leave his job to another by voluntary withdrawal.

Collective agreements:

Disappearance of the indefinite extension of collective agreements, there will be 2 year deadline to renegotiate a new agreement or disappear, going to be governed by the agreement of sector or by general law (the Workers' Statute).

There is the possibility that entrepreneurs are "sagging" of higher level collective agreement for economic reasons if no agreement will be decided by arbitration.

Enterprise agreements prevail over sectoral agreements.

ERES Employment (ERE):

EREs can be made in agencies and subsidiaries of the administration for economic, organizational, technical or production. It seems that only applies to the workforce.

Companies that want to benefit from an ERE no longer need the approval of the labor authority, and ultimately no agreement with the unions resolved a judge.

Extending the cases in which companies can benefit from the ERE, whether they have current or anticipated loss or decrease in sales for three consecutive quarters.

The judgments on ERES Employment (ERE) can not be appealed to the Supreme Court (TS) when they affect fewer than 50 workers.

New Hires:

Young people under 30 who are employed by an SME will have a trial period of 1 year, and if the first worker to a deduction of € 3,000 in Social Security payments, you may add another 3,600 euros if the child 30 years are unemployed.

Companies (any size) that hire young people under 30 years, also have bonus shares paid Social Security for them. 1,000 euros in the first contract year, 1,100 euros in the second and 1,200 euros in its third year of contract.

The companies hiring workers over 45 who are long-term unemployed will have reductions in Social Security payments of 1,300 euros a year the first three years of hire.

More incentives for the recruitment of women in areas "traditionally" male the first year, in the case of women under 30 years are added another 100 euros (1,100 €) and in the case of women over 45, long-term unemployed, the bonus is 200 € more (1,500 €).

Where the contract worker is standing, it must have received the benefit for at least three months. What do you think of this reform will help to create jobs or else all you will do is magnify even more, the list of unemployment?

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