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What it is

Bill to restore labor rights and raise severance pay

Admitted step 2 of 7 · Rejected

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 13 May 2022. Introduced by: Grupo Parlamentario Republicano Grupo Parlamentario Euskal Herria Bildu.

Official title: Private member's bill for the recovery and expansion of labor rights.

Source: Congreso de los Diputados, file 122/000221· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would reform the fixed-discontinuous (seasonal) contract: it would require a written form, regulate how workers are called back to work, and recognize seniority for the entire employment relationship, not just time actually worked.
  2. It would restore wages pending trial and raise severance for unfair dismissal to 45 days of salary per year worked, capped at 42 monthly payments. Collective dismissals would carry 20 days per year of service.
  3. It would again require authorization from the labor authority for collective dismissals, with a consultation period of at least 30 days (15 in small companies) and public review of the reasons the company gives.
  4. It would limit opting out of collective agreements: only the wage rules could be set aside, after a consultation period, and never beyond the agreement's term or three years. Sectoral agreement conditions would become non-waivable minimums for company-level agreements.
  5. It would strengthen the rights of people working for contractors or subcontractors: they must receive the same essential working conditions as if hired directly by the main company, which would also be liable for wage and Social Security debts.
  6. The law would take effect three months after publication in the Official State Gazette, and the Government would have to make the necessary budget changes, mainly to pay wages pending trial that could be claimed from the State.

Who it affects

  • Fixed-discontinuous (seasonal) workers, especially in seasonal activities: They would get written call-backs, a planned calendar, full seniority and priority in training.
  • Dismissed workers: They would receive higher severance and recover wages pending trial.
  • Companies: They would need administrative authorization for collective dismissals and would answer for their contractors.
  • Worker representatives and unions: They would regain weight in negotiations over dismissals, changes to conditions and collective agreements.

Words worth knowing

Fijo-discontinuo (fixed-discontinuous contract)
A permanent contract for seasonal or intermittent work: the company calls the person in only when there is work.
Salarios de tramitación (wages pending trial)
Wages owed to the worker from the dismissal until a court ruling declares it unfair.
Despido colectivo (collective dismissal)
Termination of many contracts at once for economic, technical, organizational or production reasons.
Inaplicación salarial (opting out of a collective agreement)
When a company does not apply what the collective agreement says; here only on wages and with limits.
Empresa principal y contratista (main company and contractor)
The main company hires another company (contractor) to do work; that contractor's workers keep protected conditions.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is rejected.

  1. Introduced13 May 2022Someone registers the text in the Congreso.
  2. Admitted24 May 2022The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
Jun 2022Sept 2022Dec 202211. 13 May 2022: Presentación22. 24 May 2022: Boletín Oficial de las Cortes Generales Publicación desde 24/05/2022 hasta 27/05/202233. 24 May 2022: Calificación44. 27 May 2022: Gobierno Contestación desde 27/05/2022 hasta 02/09/202255. 2 September 2022: Pleno Toma en consideración desde 02/09/2022 hasta 14/03/202366. 14 March 2023: Concluido - (Rechazado) desde 14/03/2023 hasta 21/03/2023

14 March 2023

How did the plenary vote?

More votes against 30 yes · 275 no · 35 abst.

Voted on: Private member's bill of the Republican and Euskal Herria Bildu Parliamentary Groups, for the recovery and expansion of labor rights.

Source: Congreso de los Diputados, vote 2 of sitting 243· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Euskal Herria Bildu, Republicano and Vasco (EAJ-PNV). Against, most of Socialista, Mixto, Ciudadanos, Popular en el Congreso and VOX. 2 deputies voted differently from their group.

By province: in 4 most voted in favour; in 46, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 4
  • Against: 46
  • Tie: 2
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 in favour
Republicano13
13 in favour
Socialista120
118 against · 2 did not vote
Vasco (EAJ-PNV)6
6 in favour
Mixto11
2 in favour · 8 against · 1 did not vote
Ciudadanos9
7 against · 2 did not vote
Gcup-ec-gc33
31 abst. · 2 did not vote
GPlu12
4 in favour · 2 against · 4 abst. · 2 did not vote
Popular en el Congreso88
88 against
VOX52
52 against

What happens next

What happens now?

It goes no further. A similar one could be introduced later.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.