Spain, what is in the labor reform that reduces precarious contracts and makes permanent contract holders fly

there work repair The Spanish language, as of December 31, 2021, is already showing the first effects. Among these, its main objective: to strengthen contracts a Unlimited period. According to the latest data processed byNational Institute of Statistics (INE), today 12.8 million workers They have a fixed contract, a record. In April it was signed 1,450,093 contracts: Of them, 698,646, or 48.2%, indefinitely, according to data released today, Wednesday, by the Ministry of Labor. The decline in fixed-term contracts has reduced the rate of fixed-term employment, which is now in place 24.21%a number still high.

The last reform beyond the reform passed in 2012 popular partyis the result of a broad consensus between the government and trade unionsBut the opposition strongly opposed it. Parliament ratified it on February 3, 2022, with 175 yes and 174 no, saved only thanks to a Error In the electronic vote for the People’s Representative Alberto Casero.

This is the reform especially awaited in Spain – and among the conditions it imposed European Commission al The country with access to NextGen money in the EU – the job market has been dominated for decades by the high rate of The unemployment And from fragilityThat mostly affects young people and women. Therefore, the reform aims to reduce fixed-term contracts and make them the exception rather than the rule. The decree also aims to correct imbalances in the negotiate Collectively and provide companies with more flexible tools.

Determine fixed term contracts
To reduce instability, the reform provides for only two types of fixed-term contracts: that structuraldue to production-related conditions, and replacing Another factor. In the first case, the phrase “according to conditions relating to production” means a Occasional and unexpected increase Who needs a temporary solution. The contract in this case can’t be overrun six monthsbut if the sector collective agreement anticipates this, it can be Expanded up to one year. Among production conditions, the reform provides companies with a flexible mechanism: “They will be able to formalize contracts for production-related conditions to respond to episodic and foreseeable situations of short duration,” referring, for example, to holiday periods or seasonal agricultural activities. To fill vacancies, companies have 90 days a year to hire a worker, however, he or she will not be able to work for three months straight. In the event that a fixed-term contract is required to replace a worker, the company must specify the name of the person who was replaced and the reason for the replacement. The contract may be extended until the employee returns.

In the event of some violations Penalties. First, all workers who have held the same or different job in the same company or company group for an 18-month period within a 24-month period, through a sequence of fixed-term contracts, will be automatically considered temporary. undefined. Secondly, sanctions are also envisaged since the law came into force up to 10,000 euros For distressed companies that use futures trading infrequently.

Employment and service contract disappears
Labor and service contract, especially used in the sectorbuilding And one of the main ones responsible for increasing fragility. “Standard” bargaining is an open bargain. The company is obligated to suggest a worker who served in a particular job that has been terminated Transfer in another job or position and will have to offer a path for it Professional training paid by the company. This type of contract can be terminated for reasons related to the worker, if the transfer proposal is rejected, or when qualifications The person should not exceed the standards required by the company for the new job (after the training process). In these circumstances the contract will expire and the worker will be recognized as AThe allowance is equal to 7% of the salary It was received.

non-continuous fixed contract
The government and the social partners decided to promote the appropriate fixed-term contract for jobs seasonal. The reform provides that the seniority of workers with a fixed, non-continuous contract (which provides that the employee works only in certain periods of the year) is calculated based on the duration of the employment relationship, that is, the contract, and not only on the basis of the periods during which the worker worked. This contract is important to reduce instability in the sector agricultural, where fixed-term contracts for fruit picking were abused. In this way, workers are guaranteed greater stability and companies are given security by having qualified employees.

training contract
To prevent the training nodes from contributing to instability, the reform identified two types: Alternating with paid work (for those who work during their studies) and Internship professionals. The first aims to Young people up to 30 years old For a period of not less than three months and not more than two years. On the other hand, vocational training has one A period of not less than six months and not more than one year. In the case of rotation, the salary is determined on the basis of the collective agreement. If they are not provided, then the salary cannot be less than 65% in the first year, and 75% in the second, compared to what was established by the sector contract for the activity performed. With regard to internships, the salary cannot be less than the minimum wage established for a rotational contract of remunerated work, nor the minimum wage between professionals (in proportion to the actual working time).

collective bargaining
Among the most controversial aspects of the 2012 People’s Party reform was the one-year restrictioncompressibility, that is, the validity period of an expired collective agreement. This left employers with a large margin of Freedom on working conditions after the termination of the agreement. The current reform has corrected this anomaly by abolishing the time limit and extending the validity of an expired contract until it is renewed or a new contract is signed.

Flexibility and social safety nets
In addition to providing measures for Ease of access to ERTE (Expedientes Temporal de Empleo), a type of layoffsThe reform introduces RED mechanism for flexibility and employment stability. This is a procedure that allows companies that have difficulty applying for one Reduce the day or suspend contracts Work can be activated at the initiative of the Council of Ministers. The mechanism has two modes: patrolwhen the general macroeconomic situation recommends the adoption of fasteners (for a maximum period of one year), e sectoralWhen the operation is required in a particular sector retraining Based on transition Professional workers (maximum initial term of one year, with the possibility of extension twice for a period of six months).

The government also raised the cost of precarious labor at the end of March, especially those related to short contracts. The national contribution to be paid by employers upon closing contracts of less than thirty days has expired 26.57 Euro 27.53 euro. This way we want to discourage the use of futures contracts. The amendment to the rules for contributions and payment is effective retroactively from January 1, 2022, so companies are required to pay Social Security the difference for what has not been paid since the beginning of the year. This increase does not apply to contracts with workers included in the Special Scheme for Agricultural Workers, the Special Scheme for Domestic Workers or the Special Program for Coal Miners, nor to contracts for substitution.

Leave a Comment