On May 12, the new registration of the day entered into force, promoted by the Government. From the Regional Business Confederation Extremeña, CREEX, and from all the representatives of the Spanish business community, it was warned that this obligation would not contribute anything positive, and would only increase confusion, conflict and bureaucracy, having a harmful impact on the productivity of companies and labor costs.
"We were not heard, either at the time of preparing the norm or at the time of implementing it, and, unfortunately, the facts are proving us right," said Javier Peinado, general secretary of CREEX.
These facts, transformed into data, are clear: during 2018 (without the rule in force that would purportedly eradicate the unfair prolongation of the workday) overtime paid in Spain totaled 166 million, with an increase of 13% over the previous year. Meanwhile, overtime not paid just rose 3.4%.
What has happened since the entry into force of the day registration rule? Just the opposite: while overtime paid have barely risen 2.15% in the second quarter of 2019 (with the norm in force) compared to the first quarter of the same year (when the registration had not yet been implemented).
For Peinado the conclusion is clear: "They tried to kill flies with gunshots, with a rash decision, without consensus and without social dialogue, and the results have turned against." But, above all, the secretary general of the representative organization of the Extremaduran productive fabric makes another reflection: “What has been the purpose of generating insecurity, conflict and bureaucracy in companies, especially in smaller ones, micro-SMEs and freelancers, which is what we have in Extremadura? The answer is clear: Not at all, or even worse to increase your fixed costs. ”
The business leader has added that the lack of specificity regarding how the schedules had to be controlled, the impossibility of complying in cases where there was no work center where the activity was carried out, doubts about the counting of the times of rest or transfers, and the lack of a homogeneous registration system “have caused, as we announced, problems for small businesses: they don't know what they have to do to avoid sanctions; judicialization of labor relations, when discrepancies arise between company and worker on how the day is counted; stress collective bargaining; and a non-productive administrative burden for the entrepreneur that harms competitiveness. ”
Peinado has pointed out that “although we are not heard, we will continue to request that this rule be repealed and a new consensus agreed on at the social dialogue tables, one that is viable and effective, not what we have now, which raises many problems and neither a positive result. "