A new act of «great theatre» on labor reform 2010: A reform «to renovate» or the «gallery of stupid things»

Abstract

With the approval of Law 35/2010, of 17 September, on urgent measures to reform the labor market, dealt in the Parliament with extreme precipitation, far from reaching any point in changing the industrial relations model in promoting a new production model, both useful for generating jobs and better quality, opening an uncertain future. The Law introduces a reform that, in addition to inconsistent on many points, so it is neutralized by being conditioned to a host of development reforms, regulations yes, but also legislative. Therefore, the risk of inefficiency and worse, paralysis, while increase in conflict that the parliamentary version of the reform generates, multiply on the government´s version of it.

However, the dichotomous view, radically confronted, which makes a purely ideological reading of the reform, either by his own excesses of liberalization –critical of lawyers and economists «progressive»– by its failure to reduce more flexible and cost-critical liberral economists and financial sectors, does not meet the strict reality of the law. In this law there is more diversity of which we have or want us to see. Hence the need for weighted analysis.

In this study the author tries to reassure, rather the opposite. But to avoid a reductive understanding of a reform ineffective in achieving its basic objectives, the creation of quality jobs , it opens new possibilities to further significant changes, including improvement of social rights, such as those relating to vocational training, outplacement, employability, equal. However, it also promotes big storms in key institutions of industrial relations as objective dismissal for absenteeism, or the various forms of economic dismissals. Therefore, this study tries to give an overview, but articulated, major developments, ascribing to one reason or another policy of law, so that they can better understand the overall meaning of reform and also of each parliamentary changes. Starting from there it will be easier to find application solutions, if any course.