The employers’ associations CEOE and Cepyme attacked the Ministry of Labor this Wednesday for withdrawing the bonus received by companies for the mandatory training they provide through the regulatory mandate or because it is stated in collective agreement of the sector to which they belong. The decision to cancel the compensation was announced by the SEPE Provincial Directorate on July 28, and its application began on September 1.
“The mandatory training bonus for companies is accepted by the Ministry of Labor, the State Public Employment Service (SEPE), the State Foundation for Employment Training (Fundae) and the Supreme Court (Sala de los Social), because this assistance system was implemented in 2004, because it is known that they are fully included in the employment training system and recognized as such in the legal reports of the Ministry and Foundation, “recall business organizations in a joint statement.
In the text they regret that the change of behavior in some cases is intended to be applied “with retroactive effect” and with “demand for interest and penalties”; something that “seriously affects the legal security of companies, especially SMEs and those of small size.” Because of this difference, CEOE and Cepyme demand “the adoption of urgent regulatory and administrative measures” that “correct this situation” and “restore the legal security of companies.”
Sources from the Ministry of Labor deny that there has been a change in behavior, nor have “new guidelines” been transferred regarding the mandatory training bonus. And they defended that the Ministry remains in contact with social partners “to address the development of training in preventive matters and the proper use of training funds.”
Jurisprudence
To remember the magnitude of the amount surrounding the training of companies, the employers’ associations detailed that of the 2,556 million euros collected in 2022 as a training finalist payment, “85% are contributed by companies , and the remaining 15% of the workforce. .” This amount is 0.60% of the base contribution paid by the company to Social Security for each employee, while the employee contributes 0.10%.
Business organizations are surprised that this decision happened “in the European Year of Skills and when our country holds the Presidency of the Council of the EU.”
At the end of 2002, the National Court issued a ruling that established that the mandatory training in occupational risk prevention could not be subsidized because it was considered not within the regulatory framework of vocational training for employment. . Therefore, the Court understands that only actions that can be classified as training for employment can benefit from the bonus regime, a criterion that is also defended by the Labor Inspection against the claims of the Ministry, SEPE, Fundae and Social Chamber of the Supreme Court .
