Thursday, September 29

Aragonès claims full powers in the prior authorization of the ERE

The President of the Generalitat, Pere Aragonès, has demanded this Saturday that Catalonia have full powers in the ability to authorize or not employment regulation files of companies with a presence in Catalonia. Aragonès has assured that this will be one of the claims that ERC put on the table to accept the labor reform agreed by the Government with employers and unions.

Speaking to EFE, Aragonès recalled that “previously the Generalitat had had this capacity”, but a few years ago “it was repealed by the PP and has not been recovered.” Now, taking advantage of the fact that ERC can be decisive in the parliamentary processing of the labor reform approved this Tuesday by the Government, Aragonès believes that “this tool must be recovered.” For the Generalitat, this prior administrative authorization from the ERE it is “a very relevant tool, to be able to act before company closures, improve mediation capacity and be able to offer alternatives to closure”.

The royal decree law that includes the labour reform It must be validated by the Congress of Deputies, so the Government of Pedro Sánchez must have the support of his parliamentary partners, although some such as ERC, EH Bildu and PNV have expressed their rejection of the rule as it is written . Aragonès, national coordinator of ERC, has warned that his party will be “demanding” in this negotiation: “From ERC we have always defended the need to repeal the labor reforms of the PP. Now, what we have on the table is not a repeal , but a partial modification, therefore it is insufficient “, has indicated.

What Aragonés has ruled out is that vote in favor of ERC to the labor reform may arrive by negotiating other issues in parallel, such as the negotiating table on the Catalan political conflict. “ERC’s position on the labor reform will be based on the contents of the labor reform. That no one tries to use the negotiation process as a tool so that we do not defend the rights of workers in the processing of the labor reform in the Congress “, he remarked.

The current legal framework

Aragonès has not specified which aspects of the current legal framework should be modified. Current labor regulations establish that if the company immersed in an employment regulation file process has a presence in only one autonomous community, it is the autonomous labor administration itself that processes the process.

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The law establishes that when the procedure affects workers who carry out their activity or are assigned to work centers located in the territory of two or more autonomous communities, but at least 85% of the company’s workforce resides in the area territory of an autonomous community and there are workers affected in it, it will correspond to the competent labor authority of that autonomous community to carry out all the intervention actions in the procedure. In any case, you must notify the General Directorate of Employment of the Ministry of Employment and Social Security the end of the consultation period, transferring a copy of the agreement reached therein, or in case of concluding it without agreement, the business decision to dismiss collective.

In the cases of procedures with affected centers in two or more autonomous communities, the competent labor authority to intervene in the procedure according to the provisions of this article will communicate said intervention to the labor authorities of the territories where said work centers are located. Likewise, in the procedures in companies whose workforce exceeds five hundred workers, the labor authority of the competent autonomous community must report the procedure to the General Directorate of Employment of the Ministry of Employment and Social Security.

Reference-www.elperiodico.com

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