Go by in front that my condition of employer can subtract him objectivity to this article. It is difficult deslindar the interests of the convicciones and can that in my assessment there is an unaware bias that, anyway, will encourage me in avoiding.

Corporate interests to the margin, then , strike say that our system of labour relations demanded a deep review with the aim to delete the structural rigidities that, from does decades, have laminado the productivity and the capacity of adaptation of the companies to the constant changes of the conditions of market. And it is true that this Government has promoted a reform of calado, further of the mere make-up of the previous reforms.

However, and although in the moment to write this article is slope the parliamentary formality that it can modify determinate contents of the decree-law, there are some appearances of the labour reform that seem me desacertados.

In the first place, if one of the main aims of this reform was to finish with the endemic duality between workers with fixed agreement, practically armoured from some antiquity in the company, and the workers that chained temporary agreements, without hardly protection, in the new situation will happen to have three new dualidades.

On the one hand the one who will produce inside the companies between the workers hired with several years of anteriority to the entrance in force of the reform, that keep the previous conditions, in front of the new hired. Second, the duality between the ancient companies, with the greater part of his employees regulated according to the ancient normative, and therefore with scarce margin of manoeuvre, and the companies of new creation, with his new agreements adjusted to the reform, much more advantageous for the employer. And in third place, the one who results of the distinct treatment of the companies in situation of losses or decrease of income, in front of the companies that have obtained a minimum profit or his sales keep stable.

The new discrimination that will produce in the interior of the companies between a type of employees highly protected and others with a level of lower protection, attending merely to the date in that it was realised the agreement, is clearly unfair, conditions without sense the decisions of the employer when it was necessary to realise adjust, and perpetuates the feeling of blindaje of the most ancient employees, with possible negative effects in terms of productivity.

On the other hand, the companies created from now, with all his workers hired subsequently to the reform, will be able to prescindir of any one of them without need that concurran objective causes, with a very inferior cost. Specifically, the companies that have the greater part of his staff hired prior to the entrance in force of the decree, that for the time being are all, will have a cost by dismissal improcedente 36% more expensive (45 days by year in front of 33). And this in the best of the cases, because if it treats of employees with a lot of antiquity in the company, the difference could arrive to be of 75% (42 mensualidades in front of 24). This treatment differentiated of some companies in front of others in front of the same supposition is also clearly unfair, vulnera the fundamental principle of the free competition and can carry to the picaresque to create new social reasons and recontratar to the own workers in the new society with the new conditions.

Regarding the last of the dualidades mentioned, the one who offers to the companies in losses or with income menguantes some conditions of adjust extraordinarily advantageous in front of which are not in this situation, is the one who seems me more striking. We will analyse it in a next article.