keys The government has approved a new labor reform as expected as almost always hurt the trabajadores.Estas are the measures just adopted at the Congress of Deputies.
Temporary contracts:
- Along the high youth unemployment, an end to the excessive division between permanent and temporary workers is the main purpose for which the Government raised the reform. To discourage their use, the Executive proposes that the work and service contracts have a maximum of two years, extendable by another 12 months if stated in the agreement for the sector. The companies must state where the service is specifically. After these periods, either in the same enterprise or the same group or through a Temporary Employment Agency (ETT), workers acquire the status of regular workers. The measure would return to the first proposal of the Government, and that during the negotiations came to accept a maximum of two years and six months, closer to the views of trade unions. It will also apply in the case of surrogacy business. The management warns that could penalize the temporary negative impact of unemployment.
- Contracts have a maximum possible of six months within a period of 12 months from the start of employment. The collective agreement shall determine the activities for which these contracts can be made to the total volume on the template.
- The compensation of temporary contracts is extended from 8 to 12 days per year gradually. Until December 31, 2011, 89%. 10 days for those who are signed over 2012 and 2013. 12 days for events to be held from January 1, 2014. Also increased by two points the Social Security contributions of work and service contracts.
- Although the imposition of limitations on these contracts, experts say the fact that it maintains a wide variety of models for hire will allow companies to continue with its policy risk of not integrating into its permanent staff team, but their needs are permanent.
objective causes for dismissal:
- In anticipation of what the Government may agree during negotiations with the other groups, which could set a minimum period of six months continuous losses for a company, the text acknowledges that converge economic reasons that justify a reduction in workforce "when the results of the company shed no purely cyclical economic losses." "To this end, the company will have to establish objective and documented allegations and justify the results that follows the same minimally the reasonableness of the decision extinct, "it added.
- Layoffs are coming from and justified an award of 20 days per year worked for all types of contracts. If approved, the extension of the assumptions for businesses eligible for economic reasons, with the corresponding cut of the money to pay for fire, will affect both the community and the permanent employment promotion.
Contract
building permanent contracts:
- This type of contract, in force for less for men between 31 to 45 years but very little used, extends to all workers who take more than three months of unemployment. In the event that no work take less time, also can be made if you have been hired temporarily during the two years prior to its entry into unemployment. Only make such contracts that companies have reduced employment in the year prior to signature.
A fund to pay compensation:
- The Government will establish a fund, which will take effect from 2012, to pay part of compensation for the dismissal of those who sign a contract for employment since.
- Money to contribute to this instrument, which will continue throughout the life of the worker regardless of the company, equal to a certain number of days per year worked to achieve. The fund shall be maintained with input from business and be able to cash in case of dismissal, reducing a part of what companies must pay, geographic mobility or to the development of training activities. The part not used will be charged at retirement.
Fogasa Participation:
- Until the establishment of the fund, the termination of the contracts for employment, with compensation of 33 days per year worked, be divided between the firm and the Wage Guarantee Fund, public , whether justified or not. The company paid 22 days Fogasa, the remaining 8. Unions criticize this measure, because they understand that unfair dismissal will be met with public money.
internal flexibility:
- allow companies to modify working conditions, working hours, shifts or changes imposed on the remuneration commensurate with the new hours of work-in periods of economic weakness to reduce the level of production In order to prevent the adjustment will result in employment only.
- If no agreement between employer and employees on the measures, an arbitrator will dictate the change in working conditions or agree, where appropriate, alternative measures. Change in
bonificiaciones:
- 16 to 30 years: As of December 31, 2011, if hired indefinitely, will benefit from a reduction in employer contribution to Social Security than 800 euros for three years. Only applies to young people unemployed for twelve months and have not completed compulsory schooling or lack of professional qualifications. In the case of women, increasing to 1,000 euros.
- Over 45 years: If you are unemployed for a year, will be entitled to a bonus of 1,200 euros for three years. If you hire women, up to 1,400 euros. This measure applies to 2012.
- enterprises transformed into permanent contracts, training, relief and replacement due to early retirement age, regardless of the date thereof, shall be entitled to a bonus of 500 euros for three years. For women is 700 euros.
- Companies that want to benefit from these subsidies, except those relating to replacement contracts must raise their level of permanent employment. Are also required to maintain throughout the duration of the bonus period.
Inclusion of ETT:
- was liberalized employment service ushering in the Temporary Employment in all sectors to guide, advise and place the unemployed. However, to soften the refusal of unions to this extent, the ETT must ensure that users enter on an equal footing in business. Ie they have the same salary as their peers and enjoy the same rights and conditions: length of working hours, overtime, rest breaks, night work, vacation and holidays. They should also have the same benefits in social issues such as breastfeeding, child care or maternity leave.
