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The industralists demand legal consultant's office to congeal the lists of the group
The high levels of inflation and the uncertainty of the evolution of the sectors struck by the crisis push the societies to look for a ecómico lightening. The wages agreed outside agreement are affected. It has stopped being a secondary actress to become the protagonist of the worries of the companies. The inflation defies to the companies, in many forced cases to fit the wages to the evolution of the IPC (4.5%, in March), when over I do not jump inflationary. In order to draw for this situation, they have begun to explore the legal baits that allow to pospone the wage revisions, at least, until the box allows it. “The present moment makes think that there are sectors in which can be applied the clause of wage inapplicability”, it points Ignacio Noble of Cuatrecasas, that indicates that already they have received consultations in this sense. This formula, popularly well-known as it offs-hook wage, allows to the companies with sectorial agreements to postpone the revisions of rents to which they are forced. According to the agreement, the lists can be congealed “one, two or or three years”. The procedure is not simple: “Although it is not necessary that the company enters contest [old suspension of payments], must demonstrate that its sector is in a negative economic situation and reach an agreement [with the representatives from the workers]. Although Jose Miguel Horseman, of Garrigues, clarifies that the economic instability - that must “credit documentarily” the company “does not imply necessarily that there are economic losses”. Often, the disparity of criteria to apply it is as ample as the ambiguity of its writing. One treats, therefore, to induce costs against the agreed thing, a remedy that helps “to confront an precise economic crisis and to avoid problems majors”, for example, a file of use regulation. For this reason, the experts indicate that they will find more followers between the companies of medium and small size that they look for to postpone payments. “It is a reasonable method to avoid excessive costs of personnel. The present moment makes think that it will affect more to the industry and the construction”, summarizes Noble. The representatives of the workers already have noticed that in the agreements that negotiate this year they will fight to armor itself against this possibility. Between his objectives he is the one to condition the ascents congealed to more generous percentage, “in agreement with the levels of recovery of the company”, according to CCOO. The increase of the wage costs also has desencandenado the legal consultations to retain the increases of the workers outside agreement. David Diaz, of Baker& Mckenzie, explains that this happens because “the obligatory ascent for all the employees consumes good part of the resources destined to the wage revision, and so it is not possible to award the good workers of adapted way”, a tare that, as well, “makes difficult the retention of the talent in the organizations”. The consequence is that the margin of wage improvement between employees and others is reduced, a phenomenon that also have begun to strain themselves enters the organizations, according to the consulted jurists. The harmed ones are a potential universe of 6 million people: command cadres and other workers who perceive some type of variable repayment (an implanted wage policy in 62% of the companies, according to Randstad). According to the Mercer consultant, as a result of a survey with 200 European organizations, 63% have the intention to maintain the wage bases, whereas a 8% will even reduce it. Volkswagen, Siemens, Nissan, Iberia return the methods from reduction of 2001 costs… are some of the companies that, after the economic deceleration that caused the contagion of the world-wide shock of the attacks of 11-S, brought closer the shoulder to the policies of containment of wages. The last option that considers the companies at times of crisis is not to pay to the group. However, the collective negotiation anticipates these black chapters and allows to delay the agreed increases, a practice that the previous governor of the Bank of Spain defended, Jaime Caruana. Its mandate agreed with the outbreak of the bubble of puntocom, that affected the dynamism of the economy (the 2001 closing, the quarterly GIP advanced discreet a 0.9%). In addition, the loss of competitiveness of the sector of the automotion and the industry required policies of moderation of costs. Against this background, Caruana pleaded to facilitate the application of the clauses of wage inapplicability or offs-hook. On the one hand, it understood that the agreements are applied to all the employees when, in fact, the union affiliation “is very low”. On the other hand, it argued that the structure of the collective negotiation “determines that the evolution of the wages adjusts with great delay to the cyclical phase of the economy, forcing that is the use first in adjusting”. M.Tejo (the extracted News of Expansion)
 
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