Мнение Верховного суда усиливает противодействие CGT реформе пенсионного возраста

Supreme Court and Retirement Legislation

In recent developments, the General Confederation of Labour (CGT) has taken a firm stand against the regulations established by Royal Decree 402/2025 regarding the coefficients for reducing the retirement age. This move stems from concerns over fundamental rights violations, including equality and judicial protection, enshrined in the Constitution.

Challenging Coefficients for Early Retirement

The CGT’s lawsuit, filed with the Supreme Court, highlights specific articles of the Royal Decree that they argue infringe upon workers’ rights. Upon reviewing the case, the Attorney General’s office has advised the Supreme Court to accept CGT’s challenge, except for one request concerning procedures that would require engagement with employers’ organizations.

Implications of Joint Processing

The legal arguments presented against processing the CGT’s application jointly with employer representatives are noteworthy. The Attorney General suggests that maintaining a singular joint processing approach to avoid marginalizing business organizations reveals a fundamental misunderstanding of representation and participation. The decree’s Article 13 allows any interested party to participate in the process, provided they adhere to defined formal conditions.

Concerns Over Union Participation

The disagreement over exclusive rights for initiating procedures leads to debates about proportionality. Specifically, the regulations could unfairly restrict unions that are not the most representative at the state level from advocating for workers in sectors deemed particularly hazardous to health. Consequently, unions with a more substantial presence in these sectors are left out, which raises serious questions regarding fair representation.

Potential Impact on Union Dynamics

Another aspect of the legal review relates to the requirement for identifying all potentially affected workers before initiating retirement adjustments. This obligation implies a heavy burden on unions, likely deterring participation and impacting the exercise of union rights. It provokes a sense of intervention from public power that contradicts proportional principles protecting union freedoms.

The Evaluation Commission’s Makeup

The composition of the Evaluation Commission, comprised solely of the most representative unions (CCOO and UGT), has also been scrutinized. The Attorney General supports CGT’s demand for annulment, recognizing that this composition may inhibit genuine union action from organizations that possess adequate representation in specific sectors despite not dominating nationally.

CGT’s Position and Future Outlook

The support from the Supreme Court’s Attorney General gives confidence to the CGT, yet the ultimate decision lies with the Supreme Court itself. CGT is dedicated to advancing legitimate calls for early retirement in high-risk sectors, a stance it has diligently maintained since the introduction of the previous Royal Decree 1698/2011. They firmly believe that the rights of workers and unions are non-negotiable.

Impact on Logistics and Employment Practices

This ongoing legal battle does not only pertain to labor rights but breathing life into broader discussions around logistics and employment practices. Changes in retirement policies can significantly affect workforce demographics and employment dynamics, particularly in sectors reliant on highly skilled labor.

Summary and Forward-Looking Statements

The current developments surrounding CGT’s challenge to the Royal Decree 402/2025 underline a compelling engagement in labor rights. The implications for logistics and labor practices are considerable, as shifts in policies can directly influence delivery methods, workforce capabilities, and overall industry health.

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