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Opinion 13/2015 on the draft Royal Legislative Decree (RLD) adopting the recast text of the Employment Act, adopted by the Council in ordinary session on 23 September 2015

The Council approves the RLD’s aim of recasting, harmonising and clarifying the various employment legislation provisions enacted over recent years.The Council’s opinion notes that in view of the significance of the matters regulated in this draft RLD, more attention should have been given to the procedure for participation by the social partners. In the Council’s view the procedure should have provided for real consultation with sufficient information and notice with the most representative employers’ organisations and trade unions on this recasting work by the Employment and Social Security Ministry.The Employment Act has been in force since 2003 and needs recasting as it has been subject to several major amendments. In this regard the Council commends the effort made to prevent the dispersal of State-level employment legislation. The new system and ordering of provisions is also positive, as is the relocation of certain additional and final provisions in the main text of the Act.Beyond these general considerations the Council’s opinion notes that some particular aspects of the Act may give rise to legal confusion, and suggests that they be redrafted.