AESPLA AND THE MUTUA

Last Wednesday, March 28, it was celebrated at the hospital Fraternidad-Muprespa an information day under the title “Risk prevention and insurance, labor market reform: vision of social agents”, which brought together experts in the field of prevention, mutual members, associates and heads of large companies.

The inauguration was attended by Mr. José María de Bona, president of AESPLA(Spanish Association of Occupational Prevention Services) and Mr. Carlos Aranda, Managing Director of

The first part of the day focused on the conference of Ms. Yolanda Valdeolivas, professor of Labor Law and Social Security at the Autonomous University of Madrid, on “Insurance and social protection of professional risks: a preventive reading”, who gave a brilliant presentation on the necessary and close relationship that exists between prevention and social protection, as well as the role that prevention plays as an investment in labor and social security costs. The starting point is based on the evidence that separating prevention and repair is unfeasible. According to the professor, “the damage must be repaired and compensated in a way that promotes prevention; that is the only way to act effectively on accident rates.” To this end, it proposes alternatives such as: maintaining the bonus malus, whose function is well-known in the relationship of protection, prevention and occupational risks, but it is necessary to punish non-compliance with the law "it is more effective to penalize than to reward"; redesign the consideration of contingencies so that there are no differences between common and professional ones in the procedures, in this way it would be evident that investment in prevention reduces the cost of repair; increase in premiums for companies that have higher accident rates.

As an alternative, the speaker places mutual insurance companies as the ideal entities for its execution due to the double competence that they have as collaborators of Social Security and intermediaries of occupational prevention in the company.

Under the title “The reform of the labor market of RDL3/2012 of February 12: the point of view of social organizations and the labor inspection” a round table was held in which they participated Mr. Manuel de la Rocha(UGT), who stated that the current reform poses a labor and salary devaluation in the labor market. He concluded his presentation by showing the reform as “one of the greatest attacks on social and negotiation policies.”Mr. Manuel de los Mozos(lawyer) advocated internal and external flexibility.Mr. Enrique Lillo(CC.OO.) criticized the intentionality of the reform that calls into question the judicial role since they cannot control the purpose of the dismissals.Mr. Adrián González(Labor Inspector) illustrated how the new reform affects the Labor Inspection. The aspect that stood out as most important lies in the type of report, which must be based on the communication that has existed between the company and union representation; at no time can justification criteria be developed. In conclusion, he noted that basically “the role will depend largely on what is requested in the social courts.”

The day was closed by Ms. Natalia Fernández Laviada, Deputy Director General of Organization and Network, who thanked those gathered for their attendance and their extensive participation in the debates. He also thanked the mutualists, collaborators and AESPLA for the conference proposals that undoubtedly reflect their concerns in the professional and collaborative framework they maintain with Fraternidad-Muprespa.