10 enero 2013

El SMAC deja caducar las demandas que no son por despido


En menos de un año, de 300 casos registrados al día a 600. Desde que entró en vigor la reforma laboral de la ministra Fátima Báñez, el aumento de despidos ha desbordado el Servicio de Mediación, Arbitraje y Conciliación en Madrid (SMAC). Es tal la cantidad diaria de conflictos, que la opción era o aumentar plantilla o limitar funciones. Y, claro, se opta por lo segundo. Así que de manera extraoficial se ha dicho a los mediadores que a partir de ahora se centren en tramitar solo los despidos y se olviden de arbitrar controversias laborales de otro tipo, como, por ejemplo, las demandas de indemnizaciones no satisfechas al trabajador.


La nueva orden es dejar caducar las demandas que no sean por despido para que pasen al juzgado. Es decir, algo que carecía de coste para el trabajador ahora le supondrá un desembolso, que quizá no pueda permitirse quien pleitea para que su empresa le pague. Tener que contratar a un abogado y satisfacer el tasazo de Ruiz-Gallardón para iniciar un proceso en el que, si se pierde, hay que cargar con los costes del demandado disuade a la hora de reclamar. En eso hay que darle la razón al ministro de Justicia.La situación del SMAC de Barcelona no tiene nada que envidiar a la de Madrid. Si en Madrid el tope para resolver el conflicto son 15 días, en Barcelona se está dando hora para dentro de dos meses y medio.

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