118 CHA

There will be a reform via Royal Decree of the time registration in companies even if the reduction of the working day does not come forward. Yolanda Díaz already prepares a “plan B” to try to safeguard part of his controversial reform of the reduction of day, in anticipation of declining in Parliament by not having enough support – after reiterating together his rejection. Thus, the Minister of Labor confirmed yesterday in LasExta that aims to approve the hardening of the time registration of companies. He wants to increase the ministerial control over companies with the hardening of the conditions of the day registration to be “accessible and interoperable”, so that the ministry he directs has a “real measurement” of the hours of work, puts a preserve at overtime without paying, forces companies to pay them, and even consider expanding the painting of sanctions to those who break it.

For this, the second vice president wants this reform to be included in article 35 of the Workers’ Statute, which regulates overtime, and that it is approved with a royal decree because the time control has “regulatory range” and would apply directly. This shortcut taken by the minister could be taken to the Council of Ministers immediately after the reduction of the day has not exceeded the vote in Congress, if the government finally does not convince all its partners.

Díaz intends that the new time control system be digital, not manipulable and interoperable by the Labor and Social Security Inspection (STIS) in real time, because the current time registration «does not work. Sometimes the employee is obliged to sign blank and that is illegal. Therefore, the key is not only to approve the reduction of the working day, but it is fulfilled ».

With the new system it aims to regularize the totality of overtime that are carried out but that are not paid. They are around 2.5 of weekly hours and affect 460,000 employees – the total of 18 million employees – which would be stopping more than five extra hours per week, according to data obtained from the latest active population survey (EPA). Therefore, a year would be out of official control 130 million hours, which would bring its cost in terms of gross salary and social quotes to 3.3 billion euros, about 140 euros average a week per employee, which would mean almost 7,200 euros per year.

From CC OO they remember that in Spain 5% of the salaried population – about 900,000 employees – performs extra hours during the week, of which almost 50% have not received consideration in the form of salary or rest. That is, 2.4% work weekly unpaid hours, of which 40% “do not quote, do not pay or compensate with rest.” According to their calculations, the volume of extra hours worked would be equivalent to creating 170,000 full -time jobs, 70,000 of which correspond to the extra hours not paid.

Díaz accuses the employer CEOE of being the main obstacle to the approval of the reduction of working hours for his refusal to be absolute control with the time record. «It is very important that you know. The fundamental reason of the opponents of the reduction of the working day is not the hourly reduction. It is the control of the time registration ». In his opinion, it is “very serious” that the employers are making “a call to the insumission”, saying that the parties vote against the bill of the 37.5 hours. For the minister, the key is not only the reduction of the working day, but «that the sentences of the European Court of Justice are complied with. Is it that the political formations, which are, or the Spanish employer, will not respect the source of European law that this court?

The CEOE response was swift. Its president, Antonio Garamendi, spoke yesterday by Díaz who has insisted on not negotiating. “I do not know what negotiation you have to do when they directly say that this is the end of the negotiation,” he said, after denouncing that approveing ​​both the reduction of day is “very bad” for Spain, especially for smaller companies. “It would be disastrous for employment and especially for microenterprises.”