Joaquín Merchán, president of the Council of Social Graduates of Spain: “Ethics, integrity and social justice”

Practicing social graduate and founder of the consultancy that bears his name in Salamanca, Merchán has been president of the Hon. Official College of Social Graduates of Salamanca between 2003 and 2015, and first vice president until last February when he was elected president, replacing Ricardo Gabaldón. On May 8, he took office at the Ministry of Labor and Social Economy before the Minister of Labor and Social Economy, Yolanda Díaz, and more than two hundred attendees, including authorities and guests. 

To begin, we would like to know the origins of your professional career

I started working when I was 14 years old. I am from that generation of 'working children', who could not study. I had to alternate my work with my night studies, first for high school and then for Social Graduate, to later graduate in Law. I was born in a working-class neighborhood of Salamanca and I have always been interested in the world of work. The profession of social graduate is totally linked to Labor Law and Social Security, and provides service to both workers and companies.

Young people are the future of any profession. What recommendations would you offer to someone who is starting their activity as a social graduate? 

Indeed, young people are the future of our profession and their success is fundamental for the continuous development and innovation in our group. 

To those who are beginning their activity as social graduates, I would above all say to train continuously, because one can never stop learning if you have our profession. 

Labor, tax and social security laws are constantly changing. Staying up to date with regulations and new technologies is crucial to offering a quality service, as well as the ability to adapt and innovate in any field, without fear of change. Another recommendation I would make is to never forget the pillars of our profession: ethics, integrity and, especially, 'social justice'. That is the motto that we carry on the emblem of our union and by which we work. 

But in addition to technical knowledge, it is important to develop communication skills. Knowing how to explain complex issues clearly and simply to clients and co-workers is an invaluable skill. Likewise, participating in events, seminars and associations can open doors and offer opportunities for collaboration and learning.

Finally, I would encourage you to find passion and satisfaction in your work. Being a social graduate is a profession that has a significant impact on people's lives and the functioning of companies. And may they always remember the importance of our role in society. Our work not only affects companies and workers, but also contributes to social well-being in general; Keeping this in mind can be a source of continuous motivation.

Given your extensive career both practicing and representing the group of social graduates, what in your opinion are the main challenges currently facing the profession, and how is the Council working to overcome them? 

Our profession is used to dealing with constant changes and adapting to the situation we find ourselves in. However, we must fight to have a professional framework appropriate to our powers and that also respects our rights as workers.Some of the challenges we currently face have their origin in the Covid-19 pandemic during which, let us not forget, we were essential for the workers and the more than 3 million self-employed people in Spain, but in which a work dynamic was generated, particularly with the Social Security Treasury that, if then it could be understood due to the exceptional nature of the situation, we can no longer and should not endure it because it does not respect the digital disconnection and our right to reconcile family life and labor. However, we continue and will continue meeting with those responsible at the highest level to correct this situation as soon as possible. Other fronts have been open for much longer and, therefore, we work day in and day out from the General Council of Social Graduates of Spain to advance them. 

We cannot forget, for example, our request to be part of the free justice system or our demand for our right to be able to present cassation appeals before the Supreme Court. 

Both are issues that should have been resolved a long time ago and whose characteristics are perfectly compatible with the work carried out by a social graduate, as an expert professional in Labor Law, Social Security and human resources. 

Beyond this, we also want to address the lack of knowledge about our profession through teaching and through a communication strategy, particularly among the younger generations. 

To reverse this situation, from the General Council we are carrying out a task of disseminating our profession focused on several fronts: an in-person campaign, through conferences at universities and student forums, and also digitally, through social networks, aimed at future students of the university degree in Labor Relations, to make them aware of the possibilities offered by these studies and the broad job opportunities they have, the nature of our work and its importance for society, as well as the advantages of joining. We are also positioning ourselves in the media, through interviews and opinion articles, which allow citizens to learn more about our group while introducing our main demands into the public debate. 

We know that since your appointment your agenda is full of work meetings and institutional visits such as the one you recently made to us, in which we talked about the important role of the social graduate in labor relations.  Do you consider that your work is sufficiently valued by society? And for public institutions? What measures could be implemented to improve this assessment? 

It is true that since my appointment I have had a very busy agenda with many meetings and institutional visits. These activities have allowed me to have a clearer vision of the essential role that social graduates play in labor relations and in the socioeconomic field in general. In regarding the assessment of our work, I must say that, although we have made significant progress in the recognition of our profession, there is still some way to go. In society, our work is not always fully understood or valued to its fair extent. Often, the role of the social graduate is perceived only as an intermediary in administrative matters, when in reality we are key players in the management of human resources, legal advice and in the resolution of labor conflicts. As for public institutions, we have seen greater recognition and collaboration in recent years.However, there is still room for improvement.HTMLTAG71___

It is crucial that public institutions more explicitly recognize our contribution to the proper functioning of the labor market and social stability.

A measure that would promote the appreciation of social graduates in society and help our group to fully carry out its work as advisors on labor and legal matters would be to increase our participation in social dialogue tables and in the development of labor policies so that our opinions and experiences can contribute to the design of more fair and effective laws and regulations. We have already taken a very important step in this aspect with the entry of the General Council of Social Graduates of Spain in the 'SimplexESP' working group of the Ministry of Digital Transformation and Public Service, which will develop one of the 18 projects included in the framework document 'Consensus for an Open Administration'. This achievement guarantees that the perspective of social graduates is part of the administrative transformation process, promoting a more open and humanistic public administration.

Launching information and awareness campaigns so that both the general public and business owners and public institutions, in particular, learn more about our profession would be another measure that would contribute to our assessment.

It will also be helpful to strengthen collaboration with universities and Vocational Training centers so that future social graduates have a solid training and are well prepared for the challenges of the labor market, in addition to working on the creation of awards and recognitions for social graduates who stand out for their work and contribution to the profession and society. This will not only motivate professionals but also increase the visibility of our profession. 

The current context is marked by constant regulatory changes and rapid advances in technology. How do you imagine the profession will evolve in the coming years? What will be the role of elements such as social networks or artificial intelligence? 

Artificial intelligence (AI) is already having a significant impact on our profession, and its influence will only continue to grow. We should not be afraid of these technological advances; Instead, we must accept and adapt to them. The digitization and automation of processes are already a reality in many offices, where AI is used for various tasks, including the presentation of lawsuits and, as has been seen, in judicial decisions.

It is vital to understand that we cannot stop the advancement of AI, but we can regulate its use to ensure that it is done ethically and responsibly. 

Measures are already being taken in Europe, with initiatives in Brussels. In fact, in less than two years the Community Regulation on this matter will come into force, which will establish the first rules for companies and public administrations in this area. AI will not only transform the work of social graduates, but also that of lawyers, attorneys and managers. Those who do not adapt to these technologies will see their employability affected. In this context, it is essential that we prepare for this change and train ourselves in skills related to AI and technology in general. AI will not take away work from us by itself, but it will change the nature of our tasks. Those who know how to take advantage of it and adapt will find new opportunities and ways to improve their work.

The Social Justice Foundation and the General Council collaborate to promote plans for specialization within the profession.What are the main objectives that you have proposed for your mandate? 

One of the clear lines of action that I promoted during my time as acting president and continues now, as president until 2026, is to claim that social graduates are the main experts in labor matters, Labor Law, Social Security and human resources. To promote specialization and set guidelines on where the profession has to advance in the coming years, we devised the I Strategic Plan of the Profession 2023-2026, which we presented in December and which is the result of exhaustive work and debate by the Permanent Commission of the General Council and the presidents of the Colleges. This I Strategic Plan intends to guide the strategic lines that the General Council and the schools must follow during the next three years with the aim of adapting the profession of social graduate to the current and future reality, with the new needs that it will require. In summary, the objectives of this strategic plan will serve to enhance the development of the profession and enhance the action of the organizations that represent it. One of the milestones of this roadmap is to lead the field of labor relations and human resources. 

We are committed to continuous training and adaptation to change to consolidate the future of our profession. 

We will also expand our competencies to include profiles such as mediation, occupational risk prevention and socio-labor audit. In addition, we seek to strengthen our presence in the civil service and the academic world.
To achieve this, we cannot forget about quality training: our commitment is to excellence through continuous training to guarantee our clients services of the highest quality possible. We adapt and will constantly adapt to new technologies and work methods to stay at the forefront. And, as a transversal axis of all the points mentioned, it is worth emphasizing that we will strengthen the ties between the Colleges and the General Council, working together towards a unified vision and a prosperous future.

The Strategic Plan is not only a set of objectives, but a promise of growth, innovation and leadership in our area.

Last February 1 we had the opportunity to participate in a very enriching day “Labor Mediation as an opportunity in Labor Relations” at the Fraternidad-Muprespa Havana Hospital, organized by the College of Social Graduates of Madrid and the Council. From your perspective, what are the main benefits of incorporating labor mediation in labor relations within business organizations? 

Without a doubt, labor mediation offers many advantages, which can be applied both at the level of labor relations and within business organizations themselves, and social graduates are the ideal professionals to do so, since we are the architects of solutions between companies and workers.We must not forget either that, as it is an alternative route to the judicialization of labor disputes, it can benefit not only the staff and company, but also the Administration, by preventing matters from escalating further within the judicial system at a time of saturation as we know very well from our daily work, with 256 matters per magistrate in the social chambers and almost 30,000 pending, with an increase of 15% in the matters that have reached these instances in 2023. On the other hand, it is a mechanism that promotes a more relaxed climate within companies and contributes to improving the relationship between the workers themselves and also between them and their superiors. Although Spanish legislation facilitates intrajudicial mediation in the civil and criminal sphere, until now there has been no decisive legislative initiative in the labor sphere; What we see is that there is still a lot of resistance and ignorance. 

We must design a true model of intrajudicial labor mediation that is sustainable and extensible to the entire national territory.

What is your perception about the role of mutual collaborators with Social Security? From your experience, what specific actions could be carried out to add greater value to your work? 

I consider that the functions performed by mutual collaborators with Social Security are fundamental and offer multiple advantages for workers and companies, improving the management of benefits, prevention of occupational risks and medical care, among other aspects. I also believe that by collaborating with Social Security, mutual societies help decongest the public system, improving the general efficiency of the social protection system.