La impunidad empresarial

Actualmente estamos viviendo un período de crisis económica que está afectando gravemente al empleo, siendo el sector de la construcción el que más está padeciendo sus consecuencias como no podía ser menos dado el crecimiento artificioso del volumen de trabajo que se produjo en toda la década anterior, alimentado sobre todo por la especulación urbanística y bancaria, pues ambas han ido unidas para aprovecharse de la demanda de viviendas mediante el alza de precios de las mismas y la bajada de tipos de interés para «compensar» tal subida y hacer caer en sus redes a un mayor número de personas.

Esa situación anterior de desmesurado crecimiento del sector de la construcción supuso la creación de miles de puestos de trabajo, de los que un escaso porcentaje podría definirse como «de calidad» (contratos indefinidos, reconocimiento de derechos laborales y sindicales, salarios superiores a los recogidos en Convenio, etc), y siendo la mayor parte de este empleo eventual, precario y caracterizado por toda una serie de trampas y chanchullos que un elevado número de trabajadores aceptó cegados por la promesa de salarios elevados.

Lo cierto es que esto último si se cumplió, pero no de la forma que realmente hubiese beneficiado al trabajador. Así, si bien un peón ha podido llegar a cobrar 1800 € al mes (e incluso más), ello ha sido debido a que la jornada diaria nunca ha bajado de las 9 ò 10 horas diarias, que en el salario mensual iban incluidas las pagas extraordinarias y que muchas empresas no cumplían con el derecho a vacaciones que todo trabajador tiene, así como el pago sobre día trabajado, cuando legalmente está recogido que se ha de pagar por todos los dias de contrato, incluidos fines de semana y festivos.

Parte de ese dinero mensual no venía reflejado en nómina, haciéndose la aportación a la Seguridad Social y al Inem sobre el sueldo de Convenio, inferior a lo cobrado por el trabajador, con lo cual el empresario se ahorraba una cantidad importante, mientras que el obrero aceptaba, ya porque no le quedaba más remedio para poder trabajar, ya porque no preveía un futuro en el paro, ya por dejadez, que la hay y mucha por parte de la clase trabajadora.

Pero lo cierto es que ese futuro sin tanto trabajo llegó, y es ahora cuando más resalta la impunidad empresarial en las relaciones laborales. Cientos de pequeñas y medianas empresas, creadas a la alargada sombra de la subcontratación, e incluso algunas grandes, han desaparecido de la noche a la mañana o han reducido su plantilla al mínimo después de haber obtenido grandes beneficios durante esa época de bonanza. Se han multiplicado los despidos ante la bajada repentina de la carga de trabajo, sin que la mayoría de los mismos hayan sido en forma, o sea, procedentes.

Los trabajadores se han encontrado en la calle con impago de los salarios de nómina y del «negro», con despidos sin liquidación ni indemnización, sin los papeles necesarios para acudir al Inem y solicitar prestaciones. Y muchos de los que acuden a la justicia laboral ven como en los servicios de conciliación no aparece ningún representante de la empresa, si es que han podido localizarla, y que el acudir a juicio no supone el que vayan a cobrar lo que es suyo, sino que seguramente siempre será una cantidad menor (sin descontar el pago al abogado), o lo cobrará a más largo plazo si es que acaba en el Fondo de Garantía Salarial (FOGASA). Todo ello sin que el empresario tenga el más mínimo problema por saltarse a la torera todo lo que en teoría son derechos adquiridos por los trabajadores y reconocidos por ley.

Si lamentable es esta situación, más lamentable es ver como, ante una crisis generada por el capitalismo, la solución planteada haya de pasar obligatoriamente por el recorte de derechos laborales, la reducción de prestaciones, la pérdida de poder adquisitivo de los salarios por su crecimiento inferior o igual al del engañoso IPC, y el abaratamiento y flexibilización del despido (¡¡más de lo que ya está!!). ¿Cuándo la solución será el aumentar los impuestos sobre los beneficios de las grandes empresas y la banca? ¿Cuándo cumplirán sus propias leyes pagando más el que más tiene?

Años de Reformas Laborales y de sindicatos conchabados con el poder político y financiero nos han llevado a esta situación de indefensión. ¿Aprenderemos la lección esta vez?

CNT-AIT de Tenerife

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