The Government is working on a new selective dismissal with different compensation according to age, gender or income


The Ministry of Labor is currently studying a dismissal reform based on the European model of “restorative compensation”, to apply different compensations depending on the seniority of the worker, their income, or other factors such as their age or gender. This was announced by the second vice president, Yolanda Díaz, during her speech at the conference on labor reform organized by the Association of Economic Journalists (APIE). This initiative – which will be transferred to the field of collective bargaining – is part of the pending reform of the 21st Century Labor Statute which, as Diaz has acknowledged, may not give time to approve in the remainder of the legislature (which would conclude at the end of next year, given the intention of President Pedro Sánchez to exhaust it).

The head of Labor has recalled that she fulfilled her promise not to touch the dismissal in the labor reform, but that in the current situation it would be necessary to address its modification, introducing changes that have more impact on “the causes” that, from her point of view They are the key to dismissal. A) Yes, compensation would depend on the situation of the person, in line with what is currently being studied in Europe. Díaz has emphasized the singularity of the treatment of dismissal in Spain in relation to what happens in the rest of the Old Continent. “The Labor Statute is from the year 80”, he has recalled, while stressing that the dismissal has not been thoroughly addressed to datebut throughout the different crises it has only been operated by making it cheaper.

Call of attention to unions and employers

The second vice president has taken advantage of her speech to call on unions and employers to sit down again to negotiate the Collective Bargaining Agreement (ANC), which not only includes salary recommendations, but also employment and working conditions in general for negotiators of the agreements. On this point, Díaz recalled that the social agents have not sat down at that negotiating table since May 5 and the data of agreements “are very bad”, he lamented. As detailed by Yolanda Díaz, as of September there are 653 agreements signed in total (461 from companies) with an impact on just over 1.5 million workers, when by the same dates a year ago 1,400 agreements had been signed with more than 4 million workers affected by them.

“It would be convenient for us to move forward because we have to raise wages in our country,” stressed the head of Labor, while recalling that the vice president of the European Central Bank (ECB), Luis de Guindos, has known that it is not a demand crisis and is not caused by wages. As Díaz has explained, it is no coincidence that the issuer is asking to raise wages in Europe by 5%“they do it because the risk of delinquency and impoverishment is real”, he has warned, and has also confirmed that he plans to convene the social dialogue table next December to address the rise in the Interprofessional Minimum Wage (SMI), that is to say , when the inflation data for November is already known.

Thus, Díaz has asked the experts of the Advisory Commission on SMI to evaluate its impact on poverty, as pointed out by the Bank of Spain (BdE). To questions from the media about whether his ministry will toughen the dismissal of older workers, Díaz has stressed that we have to eliminate ageism in the labor market of our country. “There is talk of young people, but we have the problem in those over 45 who are long-term unemployed”, he assured.


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