The writer of Ibex Salad has devoted over the last couple of years considerable effort towards revealing some small part of the chronically dubious analysis of the Spanish economic situation for what it is - the search for and, if necessary, fabrication of any smidgeon of evidence to justify coming to the same conclusion as the one that everyone else is arriving at at any moment in time. The end result bears the same relationship to reality as gossip does to fact. Seeing, however, the utter non-reaction of both stock and bond markets to Moody's recent two-step downgrade of Spanish debt (and coming to the conclusion that the howling mob is no longer being paid attention to), we are taking our first step towards resuming normal operations. This would consist in providing some sort of insight into how this country operates - warts and all, if need be.

About three and a half years ago, the writer decided to stop publishing (despite howls of protest from various industry participants, none of whom offering to send money to ensure its survival) a unique trade-specific blog called The Olive Oil Gazette. One of the last posts there dealt with the extra-legal - despite or owing to the fairly ample formal infrastructure constructed around such matters - process by which irrigation found itself inadequately extended in the olive groves of the province of Jaén. Those caring to read
the short piece, first taking into account that the situation was resolved last year in a great and tremendous picture-taking ceremony attended by the usual collection of smiling politicians and other parasites, will note the limited degree to which the official version coincides with the actual nature of the beast.
Even better expressed, Spain has a long and inglorious history of creating legislation that gives every appearance of being up to the task assigned to it but, in fact, is so full of loopholes, omissions and conflicts with pre-existing legislation – this without mentioning the interests those supervising it might have in controlling the way it is meted out - that it becomes unenforceable or, minimally, does not end up with the intended results. The most notable cases may all involve illegal construction but the latest is the decree that has denied Romanian workers free access to the Spanish market.
Published on the 22nd of July, the decree states that Romanians (who had for the last two years enjoyed full EU rights) who were not registered with social security or on the unemployment lists on that date could no longer come to Spain without a pre-existing work contract – this without regard to their prior labour history in Spain. Originally enacted so that a diminution of the numbers of Spanish jobless, primarily via participation in the olive harvest in Andalucía, would be noted statistically in time for the election campaign that was originally slated for March of 2012, it is proving itself to be another exercise in futility that penalizes the law-abiding and rewards the less observant of such niceties.
First, a look at how an EU worker goes about regularizing his or her situation in Spain:
1). A trip to the capital of the province in which he wishes to live and work to be assigned a foreign resident number – the NIE. This is usually done on the same day and is retained for life;
2). The person then takes his NIE to the social security office and gets put on the rolls;
3). Having found an employer, the two then do the appropriate paperwork with the social security. The cost to the worker is about 80 euros a month. At that moment, firm instructions are given that he should unregister with the SS when he returns to his country of origin because, if he fails to do so, they will continue to bill the 80 euros in perpetuity.
How this last point works in real life, however, is a different story. In the event that the worker does not take himself off the list, the SS will attempt to embargo his pay to make up for the arrears. So the next time he shows up as an employee his boss will receive a registered letter ordering that an amount be witheld – except that this does not apply if the worker is paid less than a certain mimimum wage, which threshold farm labour does not reach. The end result is that the first payment is always made, but subsequent contributions are normally not. The negative consequences of this strategy are nil, and this year the unconditionally positive benefits are not only the 80 euros saved every month but derive from the fact that the person in question is never removed from the social security list for non-payment. The current effect of this impressive bureaucratic silliness is that any Romanian who followed the rules and removed himself from the registry following last year’s harvest can not work in Spain this year. Those that just completely ignored that part of the process can.*
Be the matter Romanians, irrigation cooperatives or building permits, all too often the most direct route to a given goal in Spain is to pay initial lip service to the official requirements and just pass on the rest.
*A secondary effect would be that a certain perennial employer of Romanian migrant labour is currently looking pretty stupid - not to mention feeling extremely bad for those he has deprived of a job in 2011 - for having insisted that his much-valued cuadrilla
of olive pickers play it all by the book. In his heart of hearts, he is tempted to hire them all anyway and fight the obvious consequences in the courts.
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