Next Thursday, March 31, there will be a small revolution in the world of labor relations in Spain. On that day, the legal innovations of labor reform will be fully implemented to fight against the endemic evil that is the misuse of temporary recruitment in the labor market. Although the Labor Reform Act came into force on December 31, the law itself created a legal vacancy (Transitional period during which no law or any part thereof applies) A period of three months for most measures affecting employment contracts.
However, during these three months, although contracts were made in accordance with the law before the Reformation, the norm was established that their duration could not exceed six months. Therefore, contracts that are signed between January and March may expire at the latest until September. But from this coming Thursday, all new contracts signed in Spain must comply with new requirements accepted in labor reform. These are the main legal developments:
fixed term contract
To begin with, all contracts are considered to be indefinitely. And a temporary contract would only happen for two reasons: From the conditions of production and replacement.
The former can be used for two types of situations. First, for occasional and unpredictable growth and to cover fluctuations in production, which arise for the normal activity of the company and create a temporary mismatch between the steady employment of the company and what is required . These can only be used in the case when a discontinuous definite contract cannot be made. It will be for a period of six months, which may be extended to one year by regional collective agreement.
The second submodality of the temporary contract due to production conditions is intended to deal with temporary conditions that are foreseen and whose duration is short and limited. In this case, the period would be 90 days in the calendar year, but without using consecutive.
These reasons and agreements will also apply to temporary employment agencies. In addition, if the described requirements are met, the contract of administration and the subcontractor or concessionaire may agree on one of these two modalities of contracting production conditions, although the law expressly prohibits that The qualifying reason for these contracts is that the service is performed under a contractor or subcontractor.
The other type of temporary contract is replacement. It can be used to replace a person with the right to reserve a job, meet a reduced working day or cover a position during the promotion or selection process.
Legislators intend that companies choose to replace a good number of contracts of such an indefinite but intermittent nature that until now were temporary. For this the law shall allow this contract to be for work of a seasonal nature or connected with seasonal productive activities. and also for those who do not have this nature, but having intermittent provision, have a “fixed, fixed or indefinite execution period”.
They will also be used for the provision of services within the framework of the execution of commercial or administrative contracts that form part of the company’s activities. Similarly, temporary work companies can subscribe to them.
Two types are created: optional training, which will combine work and training (dual), has no age limit (except 30 years in some specialized training) and will mean that the contracted person has a tutor; Its duration should be between three months to two years maximum. Working time cannot exceed 65% of the working day of the contract or the legal maximum in the first year or 85% in the second. and the remuneration shall be stipulated in the agreement and, if not so, it cannot be less than 60% of that position or 75% in the second year. It shall never be less than the minimum wage in proportion to the time worked.
the second mode would be contract to obtain professional practice and is intended for those who have a university degree or FP certificate or equivalent. You must subscribe within three years of receiving the title (five if it is granted to a disabled person). It will have a minimum period of six months and a maximum of one year.
indefinite contract for construction
A new fixed contract has been created for this area. When the job ends, the company will be obliged to offer to transfer the employee to another job and even qualify him if necessary for the new position. But this contract can be terminated “for reasons vested in the person” (that the worker declines the new job, that it is not suitable for any position, not even his qualifications). or that there is no job for that person in any other work in the same province, among others).
The compensation to be received by the employee who has this contract “will be 7% of the salary concepts established in the tables of the collective agreement which is applicable and which is accrued during the entire term of the contract, or higher as established by the General Agreement of the Construction Sector”. However, these conditions of extinction will not apply to structural personnel of construction companies.
- two years, Next Thursday, March 31, new more restrictive limits on a series of contracts will also apply. Due to production conditions, the period allowed for synergizing temporary contracts with or without continuity resolution through two or more contracts has been reduced from 24 to 18 months (compared to the current 30). If this formula is not met, the worker will acquire the status indefinitely. For the purposes of computing the number of contracts for the period and period for computing the series, only the contracts in force up to December 31, 2021 will be taken into account.
- post stability. But in addition, the person who has been occupied by temporary contracts for more than 18 months in a period of 24 months, with or without continuance resolution, shall also be permanent.
- Evaluation. The government will have to analyze data on permanent contracts in January 2025 and then publish the official rates for general temporary employment and sectors. This rate should be assessed every two years and if it is not reduced, the executive should negotiate new measures in the social dialogue.