Peace work or service work: New labor reform interim contracts enter into force


In Spain, the most widely used employment contract, employment or service contract, can no longer be concluded. Workers have said goodbye to the contract model that has been most marked by the abuse of temporary employment, an evil that has been ingrained in the labor market for decades. As of March 31, new labor reform interim contracts will enter into force, seeking to limit their use and intensify indefinite work. In addition, new training contracts and changes to fixed-terminated contracts are shown.

Labor reform went into effect on December 31, but several important measures have not yet been implemented, such as the implementation of new labor contracts, as the government has given three months to adapt to the norm. These three months end this Thursday, March 31st, and a new phase of employment in Spain begins, hoping to put an end to excessive temporary work.

Although there is a transitional period for temporary contracts already concluded by March 31st, which you can consult here, they can no longer be concluded and will disappear in the coming years.

As of Thursday, employment contracts are offered for an indefinite period. Two new types of interim contracts are mainly regulated. These are: for replacement and for production conditions. The latter is divided into two types, which is why some votes point to three types of interim contracts.

The Replacement contract Can register for the position of “person with the right to book a job” provided that the contract states the name of the person changed and the reason for replacement. “Reduction of a reduced working day for another employee” and “Temporary reimbursement of the job under a fixed-term contract in the selection or promotion process” may also be concluded.

In the latter case, the duration of the contract may not be “more than three months, or a shorter period included in the collective agreement”, nor may a “new contract be concluded for the same purpose when the maximum duration exceeds”. .

The Contract of production circumstancesWhich is usually divided into two types according to the reason for their motivation:

– “Unpredictable” reasons why companies temporarily need more staff due to unexpected production peak or other reasons. The resolution in this modality includes “fluctuations which, even in the case of the normal operation of the company, give rise to a temporary mismatch between the available stable employment and the need.” Thus, the needs arising from staff leave are directly addressed.

The term of these agreements can be extended up to six months, although a collective agreement may agree that it will last for one year. If it is agreed for a shorter period, for example, two months, it may be extended by agreement of the parties only once, so that the total duration of the two contracts does not exceed the established maximum.

– “Predictable” reasons but very short-term (so-called “random” contracts) used for exceptional contracts that may be foreseeable and that are of very short duration, such as support for Black Friday trading.

Companies may use these “random” contracts for a maximum of ninety days in a calendar year, in accordance with employee regulations, which may not be consistent. “Companies must submit an annual forecast of the use of these contracts to the employees’ legal representation in the last quarter of each year,” the law states.

It is noteworthy that this Thursday also marks the beginning of the application of a new limit on the chain of interim contracts, the stricter one ahead. From now on, people “who have entered into a contract for a period of more than 18 months in 24 months” have two or more contracts in a company or group of companies due to production circumstances, including if it was entered into through the ETT. . Previously it was a period of 30 and 24 months.

In addition, permanent employment status will be acquired by a person in the “job” who has been employed for more than 18 months in a 24-month period on a contract-by-production basis, even if signed by a different person.

It should be borne in mind that other measures against offensive temporary resistance have already been applied, such as tightening sanctions, which are more expensive and applied by each employee, and an additional contribution of € 26 per contract for less than one month. Refuse to use it .. The number of perpetual contracts has increased dramatically since January, which the government is already linking to the new legislation.

It aims to popularize fixed-term contracts, a kind of indefinite but intermittent contract for seasonal work or related seasonal activities. They have already been decorated in some cases, especially for very seasonal tourist destinations like the Balearic Islands, but now they are ready to expand them even further.

Also that it serves to hire other works that have hitherto been temporary. Specifically, the rule states: “A contract for an indefinite fixed-terminated period shall be agreed upon for seasonal work or seasonal production work, or for development which does not have such a character but, as an intermittent provision, has definite, definite or indefinite performance.”

As a novelty, this type of contract may be concluded between the employee and the ETT (Temporary Employment Agencies), which will be transferred to other companies and may also be concluded for a “job development consisting of the provision of services. For the conclusion of commercial or administrative contracts, which are, as expected, part of the ordinary business of the company. ”

In this chapter, the law leaves plenty of room for collective bargaining between employers and workers to define key issues such as the “objective and formal criteria by which to call for a permanent call” and the “maximum period of inactivity”. Subcontractors “and” Sectoral employment exchanges in which permanent-discontinued persons can be integrated during periods of inactivity to facilitate their recruitment and ongoing training during those periods “, inter alia.

A fixed construction contract that has been declared offensive by European justice has also been amended so that it is considered for an indefinite period of time, with an obligation to train and relocate the employee and the possibility of terminating the contract if this is not possible. .

Another topic of discussion in the labor market was the reform of training contracts, which are almost never used. One of the reasons that trade unions usually cite is the hitherto excessive use of temporary contracts, while employers complain about high bureaucracy. Labor reform is re-formulating two existing training contracts, with new names and some changes.

The training and internship contract will be signed from Thursday Alternative Training ContractWhich can be signed up to 30 years (up to 25 years), with a minimum duration of three months (one year earlier) and a maximum of two years (instead of three).

The internship agreement will be named after him Study contract for professional practice, Which is limited to a maximum of one year (up to two) and the remuneration is determined according to the collective agreement, when previously it could be from 60% to 75% of what was stated on it. In addition, it could be part-time, which was now impossible.

Source: El Diario


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