After months of negotiations, the social agents have managed to close the Agreement for Employment and Collective Bargaining (AENC) that was announced on Friday and that both the CEOE and the UGT have ratified this morning. Only the approval of CC.OO is missing, although it is taken for granted. An agreement, detailed in a 32-page document to which “La Vanguardia” has had access, which sets the recommendation for collective agreements in a period of three years (2023-2025), which is of particular interest due to the salary increases it contemplates, but which includes many more elements, such as
The salaries
An increase of 4% is established for this year and 3% for 2024 and 2025, with a salary guarantee clause that will mean an additional increase of up to 1% if inflation exceeds these percentages. A notable element is that the clause will be established according to annual inflation and will not have a retroactive effect. Specifically, it establishes that “at the end of 20023, if the interannual CPI is higher than 4%, a maximum additional increase of 1% will be applied, with effect from January 1, 2024”. The same wording applies to 2024 and 2025, although in this case, with the inflation reference of 3%.
It is also specified that, when attending to these recommendations, the negotiators of the agreements “must take into account the specific circumstances of their field to set the salary conditions in such a way that the application of the previous guidelines can be adapted in each sector or company” . It is one of the recurring demands of the employer, to adapt the rise to the situation of the sector or the company in particular.
Contracts
Regarding temporary contracts, the options left open by the labor reform are recalled, such as that in sectoral agreements the contract can be extended up to one year due to production circumstances derived from an occasional and unpredictable increase in activity. Without activating this option, the maximum duration is six months.
With regard to permanent-discontinuous jobs, which are defined as an instrument to “favor the stability of employment pursued by the labor reform”, it is recommended to better regulate through agreements the aspects that allow a better adaptation to the needs of workers and the companies. In this way, it is proposed to establish in the agreements “objective and formal criteria by which the appeal must be governed”,
Partial and flexible retirement
He considers that “partial retirement and the relief contract must continue to be an adequate instrument for maintaining employment and rejuvenating the workforce”, In this sense, the agreements will promote gradual and flexible retirement formulas.
Low
The social agents express “their concern about the indicators of temporary disability derived from common contingencies”, and it is proposed to study the causes, incidence and duration of the processes. The administrations with competences in the matter are called upon to develop agreements with the mutuals to “carry out diagnostic tests and therapeutic and rehabilitative treatments” in the processes of temporary disability.
Training and professional qualification
Considering it necessary to promote “a new culture of lifelong learning”, it is claimed to strengthen training aimed at the digital and ecological transition of companies and workers; stimulate dual training in companies, and promote co-responsibility of companies and workers in training processes.
Update prices of public contracts
It is one of the recurring demands of the employers to the Government, which is also assumed by the unions. It is about reviewing the current regulations to allow public sector contracts to allow price revisions in some cases, especially in the face of unforeseen regulatory changes or increases in the Minimum Interprofessional Wage (SMI).
Artificial intelligence
The impact that Artificial Intelligence (AI) will have on the world of work is recognized and the risk that it causes biased or discriminatory decisions in labor relations is warned. “Human control over AI” is called for, and that the agreements establish criteria for an adequate development of AI and the duty to provide periodic information to workers. In addition, it is pointed out that these criteria are also applied to public administrations.
Telecommuting
Given the growing use of teleworking, it is established that collective agreements must identify the jobs likely to use it, the maximum duration of remote work and the minimum face-to-face hours; in addition to mechanisms for the company to pay or compensate the expenses related to the equipment necessary to carry it out.
digital disconnection
It is defined as the right not to answer digital devices outside of working hours, specifying that “if any type of call or communication occurs outside of working hours, workers will not be obliged to respond”, except in exceptional cases. In addition, companies may not apply differential treatment to workers who make use of this right.
Equality
It is demanded to carry out a transversal treatment of equality between men and women in all the contents of the collective agreement; update its content and language, and establish measures that favor the hiring of women, especially in the sectors where they are most underrepresented. They are also asked to regulate criteria for promotion that do not involve indirect discrimination and set transparent remuneration criteria. Another of the recommendations for the agreements is that internal flexibility measures be incorporated to facilitate family reconciliation.
Diversity. LGBTI
It is claimed to promote the integration and non-discrimination of LGTBI groups in the workplace through specific measures, and to ensure that the harassment and violence protocols contemplate the protection of LGTBI people in the workplace.
Sexual and gender violence
It is requested to arbitrate action protocols for the prevention and denunciation of sexual harassment and harassment for dry reasons; in addition to promoting “precautionary†measures to support the victims to guarantee their integrity and their continuity in employment during the duration of the complaint procedure.
