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Royal Decree-Law came into force , which includes the agreement reached between the Government and union and employer organizations to structurally reform the labor market. If we reread the first lines of the explanatory memorandum of Royal Decree-Law 32/2021, of December 28 , we will locate the two main objectives pursued by this reform: ending the high rates of unemployment and temporary employment in our country . Thus, with the intention of eliminating everything that practice has shown does not work and given the provocative message of facing “a labor reform that moves in the opposite direction to what has been common in recent times”, we ask ourselves: What are the main new features introduced by the standard regarding contracts? Does the text provide for a deadline for companies to adapt their current temporary contracts to the new legislation? What nuances exist in the transitional regime? Let's see. The training contract regime is reformulated Those until now called contracts for training and learning and internship contracts are replaced by two new modalities. Thus, on the one hand, the alternation training contract was born , which will have as its objective the fact of making paid work activity compatible with the corresponding training processes.
And on the other hand, the training contract to obtain the professional practice appropriate to the corresponding level of studies. “Contracts to obtain professional practice may be concluded up to three years after obtaining the certification and will have a duration of between six months and one year.” (Photo: Starjobs) Although they are based on a similar basis to their predecessors, the maximum duration of the new contracts is reduced to two years for the first type and one WhatsApp Number List year for the second. The figure of the tutor in the company now takes on special importance. The possibility of entering into contracts for a specific work or service disappears According to the reform, only an employment contract of a duration determined by production circumstances or by replacement of a worker with the right to reserve a job can be concluded. Likewise, to prove that there is a justified cause of temporary employment, it will be mandatory from now on to detail precisely, in the contract itself, the qualifying reason for the temporary hiring, the specific circumstances that justify it and its connection with the planned duration. . Fixed-discontinuous hiring is encouraged The reform eliminates the artificial distinction in the legal regime between periodic fixed contracts and discontinuous fixed contracts.
According to the literal text that comes into force today, it is not justified to distinguish either for legal or conceptual purposes the discontinuous fixed from the periodic fixed, now including them in a category and under a common legal regime. The Royal Decree-Law emphasizes that what is decisive in this type of contracting is the purpose or nature of the work carried out. Thus, the renewed assumptions of fixed-discontinuous contracting are framed under the following premises: Seasonal jobs. Jobs linked to seasonal productive activities. Works that, although not seasonal in nature, are of intermittent provision, have certain, determined or indeterminate execution periods. Activities carried out within the framework of the execution of commercial or administrative contracts that, although foreseeable, are part of the company's ordinary activity. Services provided through a Temporary Employment Agency by a worker hired to be assigned. The norm here grants a fundamental role to collective bargaining. A permanent contract is created in the construction sector The new contractual modality will oblige the company to make a relocation proposal when the work in which the worker provides services is completed, after developing, if necessary, a training process. “In the construction sector, construction contracts become indefinite.” (Photo: Economist & Jurist) According to the text, the contract may be terminated if the worker himself rejects the relocation proposal, if his qualification is not adequate for the new works that the company has in the same province, or due to the non-existence of works in said geographical space.
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发表于 2023-11-29 12:19:14
