Temporary structural adjustments
As discussed a few days ago, employers and unions continue to negotiate terms that would build on the reform of collective bargaining and that one of the key points would be agreed would lack internal flexibility within companies. The aim, at this point, defining adjustment mechanisms for companies in difficult situations may make internal adjustments in their workforce to avoid recourse to dismissal.
Apparently, what would be trying to arrange temporary structural adjustments that would affect a part of the template and modify the working time and functional mobility of workers. Employers may implement these measures unilaterally, without consulting the unions, and only to adapt to difficult times.
These changes, which affect the distribution of working hours and the position of workers in the company, may apply only to a percentage of its workforce. This percentage could not exceed 10% of the workforce in enterprises with fewer than 50 employees and 5% in those over 50.
This point is I would still not closed, employers prefer to leave the rate fixed now and it should appear in the text of the reform, trade unions, meanwhile, would want this to be negotiated in the collective agreement of each company.
This question was put into practice during the crisis in several companies, following the so-called German model. The difficulties arising from the crisis led to many manufacturing companies to reduce shifts and make such adjustments to keep the template and not having to EREs.
These measures were taken by consensus between business and employee representatives, there being no specific regulation for this type of situation. With the reform of collective bargaining is aimed at introducing all these possible contingencies to establish under what conditions would apply such measures.
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