Autre Publication Scientifique The Conversation France Année : 2022

Labor Reform in Spain: A New Hope for Young Workers

Espagne : la réforme du droit du travail, une lueur d'espoir pour les jeunes

Résumé

Spain: Labor Reform Offers a Ray of Hope for Young People The labor law reform proposed by Communist minister Yolanda Díaz and the Socialist-led government of Pedro Sánchez was published in the official journal in December. It now awaits approval by Parliament—a step that remains uncertain. This reform is the result of a historic agreement reached after months of negotiation between the government, employer organizations CEOE (Spanish Confederation of Employers' Organizations) and CEPYME (Spanish Confederation of Small and Medium Enterprises), and the unions CCOO (Workers’ Commissions) and UGT (General Workers’ Union). Its adoption appears necessary in light of the challenges Spaniards—especially young people—face in the labor market. Promoting Permanent Contracts Over Short-Term Jobs The reform includes several key measures: reducing the use of fixed-term and part-time contracts, banning dismissals due to absenteeism or illness, and increasing severance pay to reduce job insecurity and ensure fairer treatment throughout a worker’s career. It directly challenges the 2012 labor reform enacted by the conservative government of Mariano Rajoy, which increased flexibility and made dismissals easier. Spain has one of the highest rates in Europe of so-called NEETs—young people Not in Employment, Education or Training. Temporary, short-term, and part-time contracts are common among Spanish youth, who struggle—regardless of education level—to find their place in society. Since 2008, Spanish youth have faced a growing lack of opportunity. In 2020, the unemployment rate for people aged 20–29 reached 26%. Some of the young people we interviewed in 2018 went so far as to pay out of pocket to gain professional experience—that is, they paid to work. Others chose to emigrate elsewhere in Europe (over 700,000 Spaniards, mostly young, left between 2008 and 2012). While some—mainly highly employable graduates like engineers—succeeded abroad, many returned in failure, having undeclared work, doing menial jobs, and living in difficult conditions. It simply wasn’t worth it. In the proposed reform, ultra-flexible “project-based contracts” that could last up to three years are eliminated. Temporary contracts are now limited to 18 months within a 24-month period; beyond that, they must be converted into permanent contracts. Permanent contracts are intended to become the standard, while fixed-term contracts will be reserved for specific situations (production peaks, employee replacement, job preservation). Easing Access to Housing Young people today face a double challenge: it’s hard to find a stable job, and just as hard to find housing. Often labeled as frivolous “millennials” who don’t want to work and live only in the moment, Spanish youth have endured a great deal—without getting the societal foothold that should come in return. Many remain stuck living with their parents, unable to afford moving out. Spain has one of the highest rates in Europe of “boomerang kids”—young adults still living at home. Before 2008, Spain’s strong culture of homeownership encouraged young people to stay with their families longer while saving in special accounts and taking out mortgages—sometimes lasting up to 40 years. This path, in a country where more than 75% of people own their homes, allowed them to eventually become homeowners. But after the 2008 housing crisis, this became unattainable. Banks stopped offering generous mortgage loans, and staying at home no longer opened a clear path to property ownership. In recent years, renting and shared housing have gained popularity as the only way for young people to gain some independence. But rent prices have also skyrocketed. Housing now consumes over 40%—and in some cases up to 60%—of their budget. As a result, many choose or are forced to stay with their parents, unable to envision a future. In some cases, they never even left home to begin with. This generation appears disillusioned, even resigned. Since the "Indignados" movement in 2011, there have been no major youth protests, and student unions are largely silent and publicly absent. One explanation lies in Spain’s family-centered welfare model: young people depend more on family than on state support, unlike, say, in France. A Situation Worsened by the Pandemic COVID-19 has deepened the suffering of Spanish youth. Loneliness, uncertainty, mental health issues, and the inability to plan for the future have all gotten worse. Spanish youth are not doing well. Yes, they still participate in “el botellón” (large public gatherings to drink, socialize, and party), mingle with other generations, and form social bonds—that helps them hold on—but the future feels blocked, without real options, or at best, uncertain. Many see no clear moment when they’ll be able to build a life of their own. Spain also has one of the lowest fertility rates in Europe, understandable in a context where youth and family policies are weak. Young people need prospects and a path forward. The labor reform proposed by Yolanda Díaz and the government also aims to reduce inequality between women (the biggest victims of part-time and insecure work) and men, as well as across generations. Approving this reform could restore some faith among youth in the idea of a possible future—work, housing, and a life of their own. However, political support is uncertain. The government is currently seeking backing from the Catalan Republican Left (ERC) and the Basque Nationalist Party (PNV) ahead of the vote. Will young people mobilize?

La réforme du droit du travail proposée par la ministre communiste Yolanda Diaz et le gouvernement conduit par le socialiste Pedro Sanchez a été publiée au Journal officiel au mois de décembre. Elle doit à présent être approuvée par le Parlement, ce qui, à ce jour, est encore incertain. Cette réforme est le produit d’un accord historique conclu après des mois de négociations entre le gouvernement, les représentations patronales CEOE (Confédération espagnole des entreprises) et CEPYME (Confédération espagnole des PME), et les syndicats CCOO (Confédération syndicale des commissions ouvrières) et UGT (Union générale des travailleurs). L’adoption de ce texte paraît nécessaire au vu des difficultés auxquelles sont confrontés les Espagnols – et, spécialement, les plus jeunes d’entre eux – sur le marché de l’emploi.

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hal-03594929 , version 1 (03-03-2022)

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Sandra Gaviria. Espagne : la réforme du droit du travail, une lueur d'espoir pour les jeunes. 2022. ⟨hal-03594929⟩
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