The first review of Díaz's reduction in working hours gives wings to the Cuerpo's plan to make the deadlines more flexible and support the affected companies

There is still no final word on the reduction of the working day . The measure still has to be endorsed for the second time in the Council of Ministers before starting the parliamentary process. And if the first approval of the rule agreed between the Ministry of Labour and the unions only occurred after a tense conflict between Vice President Yolanda Díaz and Minister Carlos Cuerpo , in this second round the tension between the two could be revived because neither of them has changed their minds, but the Minister of the Economy now has the support of the Economic and Social Council (CES), which has approved a ruling that practically follows his arguments regarding the way in which the reduction of the working day should be implemented in companies.

The ruling approved yesterday by the Government's advisory body on labour matters, which is the result of a consensus between employers, unions, third sector organisations and government experts, represents the first de facto examination of Yolanda Díaz's flagship reform for this legislature. And although it recognises "the importance of making progress in reducing the working day", it does so by emphasising the "social, economic and business relevance" and the need to guarantee "at all times a balance between the rights of workers and the organisational and productive needs of the business sector". And from there on it is full of warnings.

Díaz believes that the ruling supports her initiative and in statements to the media yesterday she stressed that it was approved "practically unanimously, except for one abstention and two votes against (from the unions CIG and ELA) out of 56 members." However, sources familiar with the background of the vote explain that the "enormous division" in the group "forced the drafting of a text in which all the positions are included" and, although the reduction of the working day is valued as a "positive" measure, it was agreed to put down in black and white a series of "warnings." "The ruling is not binding, but it is a disavowal of Díaz," say these sources.

Specifically, the government is criticised for its "excessive haste" in the deadlines for submissions, as well as the lack of a complete economic impact analysis. Above all, it warns of the need to establish a "more flexible framework" for the entry into force of the law . "This will be especially necessary in relation to some sectors and activities," the report states, citing agriculture and fishing as an example.

Furthermore, the members of the CES consider it "essential to apply a policy of accompanying measures , complementary to the adaptation measures that can be carried out by collective bargaining, with the aim of facilitating compliance and the effective application of the norm by companies", as has been defended by the Minister of the Corps , who has literally advocated the deployment of "accompanying plans" so that companies can digest the reduction of the working day.

The report also questions the section of the reform on digital disconnection , where the group has not reached a great consensus beyond calling for legal certainty by introducing exceptions to the prohibition of contacting workers outside of working hours. They also ask that the size and activity of companies be taken into account when imposing digital time recording and that data protection and cybersecurity be guaranteed by giving access to the Labour Inspectorate in real time, to "minimise the high risk of cyber attacks".

The Ministry of Labour is open to developing regulations on some aspects of digital disconnection in certain sectors and, in general, will take into consideration the contributions of the CES to make some technical adjustments, according to sources from the ministry confirmed yesterday. The possibility of granting a period of adaptation to companies that are not covered by a collective agreement will even be studied. But Díaz has no intention of moving the date of entry into force of the regulation, which will remain at 31 December 2025.

For the vice-president, the report represents a further step towards the reduction of the working day. Her department maintains that it not only supports the initiative but also promotes the measure on its way to Parliament. However, it must first be ratified again by the Council of Ministers, something that could happen in March, and new tensions with the Minister of the Body are not ruled out after learning of the support of the CES for his proposals. The report could even be used later by the parliamentary groups critical of the measure to justify requests to make the deadlines for entry into force more flexible and to support companies with a package of aid, as proposed by the Ministry of Economy.