MADRID, Spain—The Economic and Social Council (CES) has approved a draft law aimed at reducing the work week to 37.5 hours.This legislation also includes provisions for digital disconnection and mandatory digital hourly registration. The vote,held this Wednesday,saw near-unanimous support,with only the CIG and ELA unions dissenting,according to agency sources. While the CES opinion acknowledges the importance of advancing the reduction of the workday, it also raises several critical points for the government’s consideration, signaling potential challenges ahead.

The CES opinion, forged through consensus among business representatives, unions, and third-sector organizations, underscores the importance of progress in reducing the workday. However,it also includes several cautionary notes directed at the government.These concerns range from the speed of the legislative process to the depth of economic analysis supporting the draft law, indicating a need for a more thorough approach.

One of the primary concerns raised by the CES is the perceived excessive rush in presenting the draft to business organizations. The council argues that the limited timeframe for providing feedback, particularly during the christmas season, hindered thorough internal consultation processes. This compressed timeline made it challenging for businesses to fully assess the implications of the proposed changes, potentially leading to unforeseen consequences.

Moreover, the CES misses a clear clarification in the draft’s explanatory memorandum or normative impact assessment regarding the decision not to submit the draft to the State Council for it’s opinion. The CES believes that an opinion from the State council would have been of interest to ensure a thorough review of the proposed legislation, adding another layer of scrutiny to the process.

The council also suggests that it would have been beneficial to incorporate the perspectives of sectoral organizations, such as those representing agriculture and fisheries, given their direct stake in the new regulations. The unique challenges and operational realities of these sectors warrant specific consideration, according to the CES, highlighting the need for tailored solutions.

Adding to the list of procedural concerns, the CES notes that it not sharing the request for a mandatory opinion on the preliminary draft with an emergency ten-day deadline, further highlighting the perceived haste in pushing the legislation forward. This lack of adequate consultation raises questions about the inclusivity of the decision-making process.

“Insufficiently Grounded” Analysis on Economic Impact

A meaningful portion of the CES’s critique focuses on the economic impact analysis underpinning the draft law. The council argues that the economic justification for the reform relies on an analysis of expected economic impacts that is insufficiently based and incomplete. The CES believes that a more in depth study is needed to fully understand the foreseeable economic impacts in the short term and the indirect effects in the medium term. This call for a more rigorous analysis underscores the importance of evidence-based policymaking.

The CES also asserts that the draft’s design cannot be understood consequently of the social dialog, emphasizing that it stems from an agreement between CC.OO. and UGT (two major trade unions) and the government, rather than a broader consensus-building process. This limited scope of consultation raises concerns about the inclusivity and legitimacy of the proposed legislation.

More Flexibility to Apply the Day Reduction

The CES acknowledges significant differences among its member organizations regarding the normative instrument to achieve the goal of workday reduction. Some organizations beleive that the new limit should be enshrined in law, allowing for further evolution through collective bargaining. Others argue that the reduction should be adopted conventionally through agreements, highlighting the diverse perspectives on the most effective implementation strategy.

Regarding the implementation of the workday reduction, the CES advises including a more flexible framework in the standard to facilitate its effective request. This flexibility is deemed particularly necessary for sectors like agriculture and fishing, which face unique operational constraints.A tailored approach is essential to ensure the successful implementation of the reduced workweek in these industries.

The CES also recommends a transitory regime that is enough to allow areas without collective agreements to adapt their organizational structures.In cases where request agreements exist, a sufficient period should be provided for adaptation through collective bargaining. This phased approach aims to minimize disruption and ensure a smooth transition to the new workweek.

The opinion emphasizes the importance of considering the heterogeneity of the productive fabric, the sectorial diversity, and the size of companies. It also calls for addressing the specific situation of companies with public contracts. This comprehensive perspective underscores the need for a nuanced approach that takes into account the diverse realities of the spanish economy.

moreover, the CES deems it essential to implement a policy of accompanying measures, complementary to adaptation efforts through collective bargaining, to facilitate compliance and effective application of the norm by companies. These support measures could include financial incentives, training programs, and technical assistance.

The council also urges the implementation of appropriate legal modifications regarding public procurement to enable the review of changes, such as those resulting from this standard, that lead to cost increases for bidding companies. This adjustment aims to ensure that companies are not penalized for complying with the new regulations.

No Consensus Reached on Certain Matters

Regarding the right to digital disconnection, the CES acknowledges that consensus could not be reached among its members on nuclear aspects of the regulation proposed in the draft. These unresolved issues include the character inalienable of this right, the company’s obligation to guarantee the absence of dialogue by third parties, the exception regime, and its placement within the legal or regulatory framework. these disagreements highlight the complexity of balancing employee rights with business needs in the digital age.

Similarly, consensus within the CES was lacking on key aspects of the new day registration system, such as interoperability, remote access, and the sanctions for non-compliance. These unresolved issues underscore the challenges of implementing a standardized system that meets the needs of all stakeholders.

While the CES views the recast of the day registration regulation into a single article as positive, it highlights the need to consider the difficulties in meeting the requirement for daily registration by digital means for workers who do not use computer tools or provide services in areas with limited coverage. The council also emphasizes the differential reality of the agrarian sectors and fishing. This recognition of the unique challenges faced by these sectors underscores the need for tailored solutions.

Concerning remote inspection of the workday, the CES calls for guarantee of compatibility with the Ley Organic data protection under European regulations. It also urges the implementation of safeguards to minimize the risk of computer attacks. These concerns highlight the importance of protecting privacy and security in the digital age.

Regarding the review of regulations for Special Work Days,for which the draft allows an 18-month period,the CES urges the Government

Spain’s 37.5-Hour Workweek: A bold Move or a Risky Gamble? An Expert Interview

Is Spain’s aspiring plan to drastically reduce working hours a groundbreaking leap forward for worker well-being,or a recipe for economic instability?

Interviewer: Dr. Elena garcia, a leading economist specializing in labor market dynamics and policy, joins us today to dissect Spain’s recently approved draft law for a 37.5-hour workweek. Dr. Garcia, welcome. The Economic and Social council (CES) approved this legislation,but not without reservations. What are the key concerns voiced by the CES regarding this important change?

Dr. Garcia: The CES’s approval of the 37.5-hour workweek draft law, while largely positive, is tempered by concerns about its implementation and potential impact. Firstly, there are worries about the speed of the legislative process. The compressed timeframe for consultation, particularly during the holiday season, limited meaningful engagement from businesses, perhaps leading to unforeseen consequences. the lack of a thorough economic impact assessment further fueled these reservations. While the goal of reducing working hours is commendable, a more robust analysis is needed to assess both short-term and long-term economic implications, including potential negative consequences on productivity and competitiveness.

Interviewer: The CES points to an “insufficiently grounded” analysis regarding the economic impact. Can you elaborate on the specific criticisms and why a more in-depth study is crucial here?

Dr. Garcia: Absolutely. The criticism centers on the perceived lack of economic justification for the reform. The current analysis is deemed “insufficiently based and incomplete.” What’s missing is an in-depth study exploring the foreseeable economic impacts in the short term and the indirect effects in the medium term. This includes considering sectoral differences, the potential for job losses in some sectors or a shift in employment patterns, the impact on wages, and other macroeconomic consequences. A robust economic impact assessment must be based on solid data, rigorous modeling, and various scenarios to determine whether the benefits outweigh the costs. Failure to undertake this crucial step risks unintended negative consequences for the Spanish economy.

Interviewer: The CES also noted a lack of consensus on specific aspects of the legislation, particularly concerning digital disconnection and mandatory digital hourly registration. How significant are these divisions, and what challenges do they pose?

Dr. Garcia: The lack of full consensus on the digital disconnection right highlights the complexity of balancing employee rights with business necessities in today’s digitally driven work surroundings. The core concerns here involve defining the inalienable nature of this right, the company’s obligation to guarantee it, and establishing effective exception regimes. Similarly, there’s a need for clarity on aspects of mandatory digital hourly registration, including interoperability, remote access procedures, and effective sanctions for non-compliance. These elements are crucial for ensuring the equitable and effective implementation of these provisions in the new legislation. Failure to address these areas risks creating confusion, conflict, and potential legal challenges during implementation.

Interviewer: the CES recommends a more flexible approach to implementing the workday reduction, particularly for sectors like agriculture and fishing. Why is this crucial?

dr. Garcia: The heterogeneity of the Spanish productive fabric means adopting a one-size-fits-all approach is counterproductive. sectors like agriculture and fishing, with their unique operational constraints, require tailored implementation strategies to ensure the 37.5-hour workweek doesn’t disrupt operations or disproportionately impact these essential industries. This highlights the need for a sector-specific approach, allowing for more versatility and adaptability in how the regulation is implemented, while maintaining the overall desired goals. A transitional regime would also help to provide a timeframe for companies to adjust rather than a sudden implementation impacting all industries in the same way. To further achieve this, additional support measures might potentially be required, like financial incentives and training, to facilitate adaptation to the new regulations.

Interviewer: The implementation of the new rules seems to be quite complex.What are your recommendations for Spain to ensure a successful transition toward a 37.5-hour workweek?

Dr. Garcia: Several key steps are vital:

Conduct a thorough economic impact assessment: This is paramount to address the CES’s concerns and inform policy adjustments.

Engage in extensive stakeholder consultations: Include businesses, labor unions, and sectoral organizations to reach a broader consensus and prevent future conflicts.

Adopt a flexible and phased implementation to allow sufficient time for adjustment: This will account for the varying needs of different sectors.

Provide support mechanisms for businesses: This could include incentives, training, and technical assistance to facilitate compliance.

* Ensure clarity and legal soundness on issues like digital disconnection and daily registration: This will allow for smooth and efficient implementation for both employees and employers.

Interviewer: Dr. Garcia, thank you for providing such invaluable insights into this complex issue. Your expertise has highlighted the pivotal need for careful planning and a holistic approach to ensure Spain’s ambitious 37.5-hour workweek remains a successful endeavor,benefiting both workers and the economy. Readers, we encourage you to share your thoughts on this significant workforce reform in the comments section below.