Law approved that legally recognizes the work of 3,000 social entities
The third sector moves to have a dialogue space with the administration to define policies, as is done with unions and employers' associations
BarcelonaIt has taken four years for the law of the third social sector to see the light of day. The project lapsed due to the call for early elections, and after months of new debates and parliamentary procedures in this new legislature, the plenary of the Catalan chamber approved this Wednesday by a large majority a text that, for the first time, officially recognizes the work of the 3,000 non-profit entities that serve more than two million Catalans – a quarter of the population – the majority of whom are vulnerable groups. The rule went ahead with the votes of the PSC, ERC, Comuns, and Junts, the abstention of the PP, Vox, and the CUP, and the opposition of the deputies of Aliança Catalana.
What does the law entail?
The law is a historic claim by the Table of Entities of the Social Third Sector and the Business Confederation of the Social Third Sector – which brings together employers' associations and is responsible for negotiating agreements and salaries –, who claimed the institutional and legal recognition of the work that private entities such as foundations, cooperatives, and non-profit associations have historically done to cover the shortcomings of public services.
The big change is that from now on it "shields" the dialogue with the third sector, since “whatever the government of the Generalitat may be, it will be obliged to meet" with the entities, as underlined by the president of the Confederation, Jordi Roman, after overcoming the last parliamentary step.
Does the law involve reformulating the services provided?
No, in no case. The law regulates neither services nor social policies, which remain in the hands of the administrations. But it does accept "shared design" through the new Civil Dialogue Council, a collegiate body of maximum representation comparable to the social one, which brings together unions and employers to agree on economic policies. At this point, the president of the Table, Xavier Trabado, has indicated that this space for debate with the Generalitat will give the sector "more capacity to influence" the social policies of Catalonia's future. For example, it is confident it can influence proposals to reduce the high rate of child poverty and for the improvement of services to care for dependency, victims of sexist violence, and disability.
Will there be changes in the sector's funding?
Not yet, because the law does not address how the activities and services provided by the third sector should be financed, nor does it set the specific amounts to be allocated to them. It is limited to recognizing service contracting as the preferred formula for public-private collaboration. The sector's historical complaint is structural underfunding, because unlike how healthcare and education work, entities are financed through calls for grants, which can suffer delays due to treasury problems of the administrations that force them to incur debt by advancing money to maintain activities or, conversely, to abruptly end programs. The financing itself will be handled by the future law on instruments for the provision of the public social services system, which is in an early stage of processing in Parliament, and which must safeguard the model of economic agreements, detached from budgetary volatility.
Will it be an improvement for workers in the sector?
In principle yes, because the salary equalization of the 120,000 workers in the sector is recognized with those who do the same job but are directly hired by the administrations. Today, salary differences of up to 37% on average can be found in the same service, as it is common for public and outsourced staff to coexist in certain services. The private social sector is governed by 17 collective agreements.
Why are the PP and CUP abstaining?
Both the Popular Party and the CUP have abstained, even though they have assumed the philosophy of the text. Both have raised their reservations about an excess of outsourced services, and have called for more control and oversight of the accounts and activities of the contracted entities.