The CES calls for flexibility in the entry into force of the reduction of the working day

MadridThe Economic and Social Council (CES), the Spanish government's advisory body, which includes representatives of employers and unions, has issued its opinion on the draft law to reduce the working week to 37.5 hours, with a total of 54 votes in favour and 2 votes against. The representatives of the body have discussed the conclusions of the report until the last minute in order to try to reach a consensus position on an issue that, in fact, separates employers and unions – it should be remembered that the former have not even signed up to the text that UGT and CCOO signed with the Ministry of Labour last December. In fact, the report criticises the Spanish government for having requested a mandatory opinion (not mandatory) on the reduction of the working week with such a short time frame (The preliminary draft is being processed as a matter of urgency): "A series of issues of great complexity and importance are addressed that require a calm and in-depth debate," the report notes.

As for the content of the report, the CES puts the spotlight on the deployment of the reduction of the working day, which in fact has been an element of discord between the Ministry of Labor and the Ministry of Economy. Specifically, it advises that the draft bill include a "more flexible framework [for the entry into force and application of the reduction of the working day] that allows effective compliance with the norm." "This would be especially necessary in relation to some sectors and activities such as agriculture and fishing," the body exemplifies. In this way, it would look favorably on what was proposed by the Ministry of Economy in terms of opening a transition process, especially when it comes to small and medium-sized companies. The Ministry of Labor, on the other hand, foresees that the reduction of the working day will be something at the end of 2025 in all sectors and companies.

Another key element is wages. The Spanish government's rule, which must be returned to the Council of Ministers before making the leap to the Congress of Deputies, includes that, despite the reduction in working hours, workers cannot suffer a reduction in their income. Here, the CES has not reached an agreement and, therefore, has not made a statement.

Finally, it also devotes a large part of its recommendations to talking about digital disconnection and time recording. As regards the first question, it has not reached a consensus of maximums, as is recognised in the same report, but it does recommend that the Spanish government "clarify" the current text much more and soften in some particular cases the prohibition of certain "communications", whether through messages or calls, between the company and the worker. "The exceptions to the prohibition of communication must take into account sectors with their own and specific needs of their activity, such as agricultural holdings, which depend on the weather, or other activities that require this exception," it points out.