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Rejection in exchange for working hours justifies dismissal in the EU

Rejection dismissal schedule

Mairenis Gomez

February 20, 2024 | 5:00 p.m.

The new labor reform in the EU and its complexities

In an effort to adapt the Workers' Statute to the European directive, the Congress of Deputies of Spain has received significant proposals from the Ministry of Labor. These long-debated reforms seek to offer greater security to employees, especially those with part-time contracts, and promote transparency in working conditions. One of The most notable changes are the system notification of changes in contract types or working hours. However, a controversy arises, the possibility of dismissal for those who reject alterations in their work schedule.

Shielding for the worker who has a trap

At first glance, this proposal seems beneficial. It forces employers to communicate in advance any changes to the working day, thus allowing workers to organize themselves better. This measure seeks to offer legal security in the face of labor changes. Covering everything from modifying the type of contract to the schedule and assigned tasks.

The duality of the reform: protection and exceptions in the workers' statute

In addition, the expansion of articles 8 and 21 of the Workers' Statute is planned to facilitate this process. However, Article 41 introduces a significant exception, allowing companies to make “substantial modifications to working conditions.” for economic, technical, organizational or production reasons. Although theoretically it is prohibited to fire an employee for refusing a job change. This article opens the door to dismissals justified for economic or organizational reasons, offering compensation of 20 days per year worked in the event of not reaching a consensus.

The urgent need to reinforce job security

This situation reveals a trap within the apparent protection of the worker, although it is intended to protect their rights, there are legal loopholes that would allow dismissal under certain circumstances.. It is crucial that this contradiction be addressed during the amendment period in Congress to prevent abuses and ensure true job security.

Furthermore, the current debate in the Congress of Deputies offers an opportunity to review and correct these inconsistencies. It is essential to achieve a balance between the organizational needs of companies and the protection of workers. Legislation must close loopholes that allow unfair dismissal, ensuring that changes to working conditions are handled fairly and consensually.

Labor reform in the European Union, with its focus on transparency and legal certainty, is a step forward in the protection of workers. However, for it to be effective, it is essential to resolve the discrepancies between the articles of the Workers' Statute. And ensure that new regulations do not just exist on paper but are applied in a way that truly benefits employees.

Rejection dismissal schedule
The recent adjustments to the Workers' Statute seek to harmonize Spanish labor laws

A call to action: commitment and vigilance for fair work

In short, the labor reform represents significant progress towards greater security and transparency in the workplace, although it includes controversial aspects such as the justification for the dismissal in the EU due to the rejection of changes in working hours. However, for its implementation to be successful and fair. It is imperative to address and correct legal ambiguities that could undermine workers' rights. Bilbao society and, by extension, that of all of Bizkaia, must remain vigilant and demand that these reforms are carried out in a way that promotes a safer and more equitable work environment for all.

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