Detail Public Participation

Range of the Standard:
Ministerial Order
Character of the query:
Type of participation:
Prior public consultation

Background of the norm

In accordance with article 26.2 of the law 50/1997, of 27 november, the government, we shall now proceed to make the public consultation before the drafting of the draft order lay the foundations of regulators in order to promote the improvement of productivity in small and medium-sized industrial enterprises through pilot projects to reduce working hours.

According to data of the organization for economic cooperation and development (“ oecd ”), more hours of work do not translate into greater productivity. This body measured labour productivity of each country through indicator GDP per hour worked as measured in us dollars and which takes account of the total number of hours worked for all persons engaged in the production process. These data suggest that there are countries who work less hours and, however, are more productive.

It was therefore considered it necessary to encourage the realization of a series of pilot projects to reduce working hours to provide impetus to productivity in small and medium-sized industrial enterprises in spain, which are vital to the productive fabric. These pilot projects, should reflect a reduction of minimum time for a number of workers determined according to the size of the enterprise, without reducing wages. In turn, would incorporate a number of organizational measures and production processes, as well as training, which will generate an improvement in productivity compensate in the greatest costs.

Provides for direct aid under a temporary basis for the costs borne by the company as a result of reduced working hours, as well as the costs of implementation of new organizational formulas and training, in the medium term, lead to the increase in productivity to make the pilot viable beyond its duration.

Pilot projects should incorporate training organisational measures to optimize working time to implement throughout the duration of the pilot project, and indicators to measure the improvement of the evolution of labour productivity in the enterprise or establishment that will be evaluated regularly.

May be partly financed salary costs of staff affected by the reduction of working hours, the costs of training concerning the optimization of working time of the affected workers to the implementation of the pilot project, and the costs of external partnerships or internal staff costs required for the design or redesign processes affected by the pilot project and are directly linked to the production of goods and services of the company.


Problems to be solved with the new standard

One of the main problems inherent in the production model of the spanish economy over recent decades has been the weak productivity growth. There Are many causes, which is the management of productive factors, and in particular, the organization of work in enterprises.

In addition, explore reduced working hours could solve other problems associated with excessive working hours as are related to physical and mental health of workers, the reconciliation of work and family life and equal opportunities for women.

Need and opportunity for approval

For some time, has been calling for the need to transform the economic system for improvements in productivity, promote reconciliation and promote gender parity and equality of opportunity. The climate crisis and the crisis resulting from the pandemic have COVID19 further highlighted the need to introduce these parameters. And the implementation of new forms of work (such as teleworking) has generated a debate on how they can be explored new avenues of business organization and new relationships in the workplace.

Furthermore, the ministry of industry, tourism and trade has been working for several years to promote a model in which growth and domestic demand was bases in a high-productivity, high employment and high qualification. This improvement of competitiveness and productivity has reflected in programmes to support the digitization, innovation processes and organizational transformation and in the green. The present draft regulation seeks to complete this set of variables with the exploration of interlinked measures productivity and work.

Objectives of the norm

The objectives established by the rule are:

  • To achieve a lasting improvement of productivity in business through more efficient management and sustainable development of productive factors.
  • Strengthening linkages between employees and employers, leading to a permanent dialogue, cooperation, innovation and improvement of the organizations and the capacities of its members.
  • Promote equality of opportunities for women, ensuring greater flexibility of labour and a proper appreciation of the work of care.

Possible alternative solutions, regulatory and non-regulatory

Are the following alternatives:

  1. Elaboration of an order of foundations which fosters the carrying out pilot projects in small and medium-sized industrial enterprises.
  2. Leave it to the private sector which arrives through market mechanisms to attain these objectives.
  3. Studies to the design of pilots.

These alternatives, it considers that the most appropriate is the a).

Remission deadline

Deadline for submitting arguments from the day Monday, June 13, 2022 until the day Thursday, June 30, 2022

Submission of allegations

The allegations may be sent to the email address: indicating in the subject: "PROYECTO DE ORDEN REDUCCIÓN DE JORNADA LABORAL"

Will only be considered responses in which the sender is identified.

In general, the contributions received are considered likely to be made public. The parts of the information provided that, in the opinion of the person concerned should be treated confidentially and consequently is not free dissemination, should be specifically identified in the text of the contribution, not to be regarded as the generic messages confidentiality of information.