Everything you need to know about the Labor Reform

Data and Services informs that the Council of Ministers has approved the Royal Decree Law 32/2021, of 28 December, of urgent measures for the Labor Reform, the guarantee of the stability to the employment and the transformation of the labor market , with a set of measures in the social field.

Thus, in social matters, we highlight the modifications applied to the discontinuous fixed-term contract and the temporary contract.

In this sense, the general presumption that the employment contract is for an indefinite period of time is recovered. Only two assessed cases of temporaryity are allowed. Therefore, the fixed-term contractual modalities (work and service, temporary and temporary) are deleted. The two assumptions are:

• Circumstances of production (Unpredictable and predictable).
• Substitution.

Contract linked to unforeseen production circumstances

When it can be applied

  During an occasional, unpredictable and fluctuating increase (including those arising from annual leave) that, despite being a normal activity in the company, generate a temporary mismatch between the stable employment available and in which the fixed-term contract would be required, provided that it does not meet the assumptions included in Article 16.1.

Duration

Maximum six months. Extendable up to one year by sectoral collective agreement.

This extension or extension, without exceeding one year, may be carried out by agreement of the parties only once

Contract for foreseeable circumstances of production

  When it can be applied

  To deal with occasional, predictable situations that have a short duration and are limited to 90 days.

It may not be applied in the case of carrying out work within the framework of contracts, subcontracts or administrative concessions that constitute the usual or ordinary activity of the company.

Duration

  A maximum of 90 days per calendar year, regardless of the number of workers required on each of these days.

The justifications of the cause to apply this modality demand the precise specification to the contract, the concrete circumstances that justify it and its connection with the anticipated duration.

Contract for the replacement of a worker with a job reservation When it can be applied To replace an employee with the right to reserve a job, with the obligation to specify it in the contract. To complete the reduced working day by another worker, with the duty to specify name and cause. To fill a vacancy during a selection or promotion process.

Contract for the replacement of a worker with a job reservation

When it can be applied

•   To replace an employee with the right to reserve the job, with the obligation to specify it in the contract.
• To complete the reduced working day by another worker, with the duty to specify name and cause.
• To fill a vacancy during a selection or promotion process.

Discontinuous fixed-term contracts

When the work and service contract is linked, linked to third-party contracts, this contractual need is included in the discontinuous fixed-term contract.

The assumptions of a discontinuous fixed-term contract are extended, which now includes the work of:

• Seasonal nature.
• Linked to seasonal productive activities.
• Those that do not have this nature but that, being of intermittent benefit, have certain, determined or indeterminate periods of execution.
• Provision of services in the framework of the execution of commercial contracts or administrative tasks that, being foreseeable, form part of the ordinary activity of the company.

Fixed construction contract

This type of contract aims to strengthen the fixed nature of the construction sector, addressing a new regulation of the fixed construction contract.

The termination of the indefinite contract is regulated for reasons inherent in the worker in the construction sector, as a peculiar form of termination, which is not applicable to structural staff.

The completion of the work obliges the company to propose a relocation, prior training if necessary, always in charge of the company.

Priority is given to training through Funlacon.

Once the relocation proposal has been made, the indefinite contract assigned to the work may be terminated for reasons inherent in the worker when any of the following circumstances occur:

• Replacement rejection.
• Inadequate qualification after a training or requalification process.
• Lack of works in the province.

15 days notice is required except in the event of refusal of relocation.

An indemnity of seven percent is set on the salary items accrued during the entire term of the contract or the higher one established by the collective agreement of the construction sector.

Training contracts

The contractual modalities of internship contract (university degree or Vocational Training in intermediate-higher degree), contract for training and apprenticeship and contract for dual university training are deleted.

The new training contract is created, which pursues two objectives:

• Training in alternation with paid work.
• The exercise of a work activity aimed at acquiring an appropriate professional practice

It should be noted that contracts for specific work and services and eventual contracts due to market circumstances, accumulation of tasks or excess orders, concluded from December 31, 2021 to March 30, 2022, will be governed by the legal or conventional regulations in force on the date on which they were agreed and the duration may not exceed six months.

Finally, we point out that the Decree Law increases some sanctions related to temporary employment. As well as the sanctioning of the non-information of vacancies to the contracted ones in formative or fixed discontinuous contract.

If you need more information do not hesitate to contact DATA and SERVICES.