Catalan trade unions and employers open negotiations on dismissal

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In August 1997, Catalan employers and trade unions began negotiations aimed at establishing the grounds for "objective dismissal" to be set out in collective agreements. The agreement, which - it is hoped - will be signed in the next few months, would be an important advance toward reducing the legal complexity of labour relations in Catalonia.

In August 1997, employers and trade unions in Catalonia began negotiations aimed at refining the interconfederal agreement for employment stability, signed in April 1997 by employers and trade unions at national level (ES9706211F). In this agreement, "objective dismissal" (that is to say, dismissal for economic, technical, production or organisational reasons) has been reformed. Its use by employers has been eased, and the role of collective bargaining in establishing information and monitoring procedures for this type of dismissal has been strengthened.

However, the Catalan social partners have gone one step further to allow collective bargaining to establish the reasons for objective dismissal and adapt the general regulations of the Workers' Statute to the particular circumstances of each sector or company. In fact, some Catalan company agreements have already been signed along these lines, with Stockauto and Estampaciones Sabadell (ES9703107N) as the most important examples.

This initiative has aroused great interest at the level of the Regional Government and amongst employers' associations and trade unions.

For Joan Rosell, president of the Catalan employers' association Fomento del Trabajo, a definitive agreement on this issue would help to promote job creation by overcoming the employers' traditional fear of recruiting, and at the same time it would reduce the legal complexity of labour disputes. Furthermore, the agreement would especially benefit small and medium-sized businesses, one of the sectors of activity that is most affected by the legal complexity of dismissal, due to the high cost of obtaining proof (ES9707118N).

The representatives of the UGT and CC.OO trade union confederations in Catalonia have stated that they are fully prepared to establish the grounds for dismissal in collective agreements, and that that the main problem is how to encourage the social partners to participate in solving labour disputes. The unions' proposal to the employers is based on a commitment by both parties that the joint collective agreement committees, or the Labour Court of Catalunya, should be responsible for settling labour disputes concerning objective dismissals and changes in working conditions. According to Joan Coscubiela, general secretary of CC.OO in Catalonia, to reach such an agreement would facilitate labour relations because it would greatly reduce the legal complexity of labour conflict.

Finally, the Employment Minister of the Generalitat of Catalunya, Ignasi Farreres, has also stressed the importance of such an agreement, showing special interest in the Catalonian regional dimension in securing one.