Labour is open to introducing technical changes in the reduction of working hours following the CES ruling

The Ministry of Labour believes that the opinion of the Economic and Social Council (CES) on the draft law on the reduction of working hours “supports” its positions. The text of the Government’s advisory body on labour matters was approved in the plenary session on Wednesday, with 57 votes in favour and only two against (from representatives of the CIG and ELA unions). Its content has been known since Monday , but until Wednesday the ministry had not analysed it in depth. The department headed by Yolanda Díaz says that “it will take into consideration the independent contributions of the CES, as it cannot be otherwise”. This means that it is open to introducing technical changes in the draft, for example in digital disconnection. These would be minor modifications, which would not alter the substance of the law.

“The Ministry of Labour and Social Economy would like to express its gratitude, first of all, for the fundamental work of the Economic and Social Council and for the almost unanimous support for the text of the Preliminary Draft Law on the reduction of the maximum length of the ordinary working day, the registration of working hours and the right to disconnection, which was voted on today in plenary session and which explicitly recognises the importance of progress being made in reducing working hours,” the ministry interprets. The CES’s assessment of the preliminary draft is positive in some aspects . For example, it recognises the “importance of progress being made in reducing working hours,” but at the same time criticises the Government for an economic justification that is “insufficiently substantiated.”

“This support will allow us to push through the approval of a measure that will benefit some 12 million workers, especially the most vulnerable in the labour market, and update a maximum weekly working day that has remained unchanged for more than 40 years despite the undeniable technological and productivity evolution,” adds the Ministry of Labour. The CES is made up of 60 members : 20 employers' advisers, 20 trade unions and another 20 from different areas (six proposed by the Government, three from agricultural associations, another three from fishing groups, four from the social economy...).

Among the changes proposed by the CES, one of those welcomed by the Ministry of Labour refers to digital disconnection. “The definition of the business duty to guarantee the right to disconnection is formulated in the draft in a closed form, through the expression “ it is specified in . In this regard, the right to disconnection can have broader manifestations, so it would be advisable to clarify the wording in the sense that it has a purely exemplary meaning,” the opinion states. The ministry points to this change as one of those that could materialize in the norm, which will soon return for a second approval in the Council of Ministers, before facing the parliamentary procedure.

The ministry also downplays criticisms about the “haste” with which the CES was asked to issue a report. It stresses that this is a common complaint in each report and that the deadline has been respected, even extending it more than required. It also counters the CES’s protest about the “insufficient” economic justification of the reform: in Díaz’s department they point out that there is no consensus among experts on the matter and that an optimistic forecast could have been labelled as partisan.

“With regard to domestic workers, the CES believes that the draft bill should expressly state that the new article 34 bis [regarding time recording] is fully applicable to these workers. This is to ensure compliance with the doctrine of the CJEU, which establishes that the exclusion of the obligation to record hours that has been applied in Spain to part-time domestic workers [...] is contrary to Directive 2003/88/EC of the European Parliament,” the CES adds in its opinion. The ministry has also expressed its intention to evaluate this recommendation, although without specifying in what sense.

“The Ministry would also like to thank the work of the social partners. Trade unions and business organisations have contributed to enriching a law that, after passing through the parliamentary chambers, will decisively improve labour rights in our country,” adds Díaz’s ministry, which continues to negotiate with political groups to make the reduction of the working day from 40 to 37.5 hours a reality. The key vote is that of Junts , which has not yet clarified its position, nor has the Popular Party.