This news article was originally written in Spanish. It has been automatically translated for your convenience. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace a human translator. The original article in Spanish can be viewed at Regulación de empleo en la industria gráfica

Practical appearances to take into account, according to Aseigraf

Regulation of employment in the graphic industry

Editorial Interempresas30/10/2012

The Business Association of Graphic Industries of Andalucia (Aseigraf) celebrated the past Wednesday 17 October the II Day Aim practical on regulation of employment, given by the secretary of the association and lawyer, Carlos Román Salamanca, and the mercantile headline Ana Salamanca Suárez. The meeting, that was presented by the president, Antonio Lappí, forms part of the actions that the association has set up to keep to the associated to the common of subjects of maximum actuality. “We are conscious of the reality and the stage that presents is not at all halagüeño, therefore we want to deepen in appearances that did not treat in the first day”, explained Lappí in his intervention.

The practical day began with the intervention of Román the one who, after defining the regulation of employment like “the group of mechanisms whose aim is the adaptation of the human resources of a company to the distinct changes and contingencies that do necessary such adaptation”, explained that the measures can be individual or collective, in function of the number of workers affected and of the lapse of time that go to apply. Also it revealed that in the current legislation exists a “fault of legal definition on which measures can apply with definite character and which with temporary character”. Between the temporary measures find the suspension of agreement and the reduction of day, regarding the measures with definite character, the dismissal. Still like this, they exist other measures that can be so many storms like definite, that affect to “the day, the schedule, the category, transfers or wages, among others”. To this respecto Román explained that the employer has to be conscious that “if it loses a big customer for the company and applies some reduction in the conditions of the worker, and to the two years goes back this customer, the workers have the right to request the turn to the previous situation”.

Regarding the causes that enable the regulation, Román cleared that they can be due to technical changes, organisational, productive and economic. “The technical causes give in the field of the means or instruments of production, whereas the organisational base in changes in the field of the systems and methods of work of the personnel or in the way to organise the production, the causes of production are due to changes in the demand of the products or services that the company pretends to place in the market”, explained the lawyer. And finally, it spoke of the economic causes, that “become when of the results of the company gives off a negative economic situation, as in current or planned losses or persistent decrease of the level of ordinary income or sales”. Here puntualizó that the term negative economic situation is “very ambiguous, since the new law has cleared little in this sense”. The only that has clarificado the law is that it defines this situation if there is a persistent decrease of the level of ordinary income and sales.

The concrete measures, that can be individual or collective, can affect to the conditions of work of the employees regarding the functional mobility, geographic, the number of hours worked, the schedule or the systems of remuneration. According to Román, this last measure only can adopt “if they give concrete circumstances in which it can reduce the wage of the workers”, but as long as “it was especially accurate since it is not still a very known measure in the cuttings”. Between the most usual measures find the suspension of agreements by objective causes and the objective dismissal, in which, according to the law, “will have to put in knowledge of the worker the causes invoked through a sufficiently detailed letter with preaviso of granting or payment, ofrecimiento of legal compensation and participation of the representatives of the workers that, if it do not had them, would have to designate in this moment”. Besides, as puntualizaron both lawyers, “the compensation it is necessary to offer it at the same time that the preaviso, never to the that “this extends until the company surpass a determinate situation, between so much, the company has to continue paying the quota patronal of the Social hygiene”.

Román did special upsetting in the reduction of day, of which explained that “it has to be temporary, the limits have to oscillate between the 10 and 70% of the ordinary day and no can him force to the worker to realise extra hours, save in exceptional situations”. On the other hand, in the referred to the reduction of wages, Román advises that “it tackle with individual agreements with the worker if this agrees”.

Like conclusion to this practical day, and after resolving the doubts of the assistants, both letrados coincided in the importance that “in all communication to the worker loan special attention to the forms and the terms of execution, avoiding like this back setbacks”.