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(en) Spaine, CNT #431: Labor Reform: a scam for working women By Eva Peña (ca, de, it, pt, tr)[machine translation]

Date Fri, 9 Sep 2022 10:14:44 +0300

The labor reform pays no attention to trying to correct or, at least, appear to try to correct the structural difficulties and discrimination suffered by women in the labor market. The "feminist" government of PSOE-UP airs the problem of gender inequality in the explanatory statement making a generic mention of "territorial and gender social gaps" and another of temporality (along with young people), but there is no trace of a transverse approach. We have to be satisfied or even "benefited" because the text of the law supposedly addresses the problem of temporary employment and, as we know, temporary contracts mainly affect women. ---- Does this reform really correct the problem of temporality? Well, as the CNT stated in its statement, no, not even remotely, because in practice it limits itself to "reformulating the eventual contract due to the accumulation of tasks to leave it practically the same." In addition, by ignoring that the causes of temporality in women are not the same as in men, it will be very difficult for it to have any incidence. In this regard, it must be said, in honor of the truth, that the text seems somewhat suspicious of why this mystery of female temporality can occur and, in the section related to the concurrence of collective agreements, where it previously put «measures to promote reconciliation between work, family and personal life" now puts "measures to promote co-responsibility and reconciliation between work, family and personal life", and that's it. Spark.

The reform totally ignores other endemic evils of female employment, such as involuntary partiality in contracts or the greater inclusion of women in employment regulation files, structural problems in the Spanish labor market that the text of the norm does directly as if they didn't exist.

But, without a doubt, the bloodiest are the aspects related to subcontracting and domestic employment. With regard to subcontracting, the interests of the CEOE have prevailed once again and the problem that directly affects a feminized group that we are sure they know is not corrected at all because we have seen several politicians from the United States taking photos with them (although, apparently, not listening to what they said). We refer to "the Kellys", the chambermaids, who may continue to be subcontracted as "cleaners" exactly as before, so the subcontractors (who will continue to decide on their working day, hours, overtime payments...) will be able to raffle easily the salary increase that the application of the sector agreement would entail.

Regarding domestic workers, it is directly shameful that the government of "care in the center" continues without recognizing their right to unemployment benefits. Shameful and, as we have seen recently, also illegal, since, fortunately and, as also happened with the calculation of the pension in partial contracts, the CJEU has ruled that Spain's refusal to recognize this right to domestic workers and care involves discrimination based on sex, which opens a way for these workers to exercise (litigating with their own means) a right that the government knows they have but denies them, as it refuses to ratify convention 189 and ILO recommendation 201.

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