The period of adaptation to the labor reform concludes: the types of contract that govern from now on

Three months after the publication of the royal decree law on labor reform, the deadline granted to companies to adapt to the new contracting framework that comes into force today and seeks to put an end to high temporary employment in the labor market has expired. .

Consumed the Exemption Lawthese are the types of contracts that can be signed from now on.

Indefinite contract

The labor reform generalizes indefinite contracts and takes the breath away from the rest. Basically, they must all be indefinite and the standard includes several subtypes of this contract without a time limit to adapt it to all realities. Among them are the contract for people with disabilities, senior management or workers in a situation of social exclusion.

The sector of the construction It has its own indefinite contract by which once a work is finished, the company must offer a relocation proposal to the worker, or, if this is not possible, their requalification. If the worker does not accept (they can reject it) or if it cannot occur for other reasons (there is no possibility of keeping them in the same province, it is not a profile for another position…) the termination of the contract will be accompanied by compensation of 7 % calculated on salary concepts of the agreement.

According to the latest employment data from the Ministry of Labor, 316,841 permanent contracts were registered in February, 21.94% of all signed contracts. The figure represents an annual increase of 184,410 (139.25%) over the same month of the previous year. In accumulated magnitudes, 555,513 indefinite contracts have been signed until February 2022, 298,891 more (116.47%) than in the same period in 2021.

discontinuous fixed

It is the ‘star’ contract to put an end to temporality and is destined to jobs of a seasonal or seasonal nature or for those that have “certain, determined or indeterminate execution periods”. For the purposes of seniority, the entire duration of the employment relationship will be taken into account and not the time of services actually provided.

When fixed-discontinuous contracting is justified by the conclusion of contracts, subcontractors or due to administrative concessions, reflects the rule, periods of inactivity may only occur as waiting periods for relocation between subcontracts.

In these cases, the rule establishes, “sectoral collective agreements may determine a maximum period of inactivity between subcontractors, which, in the absence of conventional provision, will be three months. Once this period has expired, the company will adopt temporary or definitive measures let them come.”

Temporary contract

There are only two assumptions that allow temporary hiring: due to production circumstances and due to the replacement of another worker.

The temporary contract due to production circumstances it is allowed in the event of unforeseeable situations or due to a temporary imbalance in demand that affects the balance of the workforce (holidays, for example) and its duration will be six months, extendable to another six months (it must be negotiated in a sectoral agreement). In the case of foreseeable and limited situations, it can be used for a total of 90 days in a calendar year but never continuously.

The performance of work within the framework of contracts, subcontracts or administrative concessions that constitute the ordinary activity of the company is excluded as a cause of temporality of the contract due to production circumstances.

In the case of temporary by substitution (the former interim) may be used to replace a worker with the right to reserve (maternity/paternity leave, leave of absence…), to complete the reduced working day or to cover a position during a selection or promotion process.

Fraudulent temporary workers and those who accumulate 18 months of work in two years (including periods made available through ETT) will become indefinite in the same or different job with the same company or group of companies. In the previous labor reform, the term was 24 months in a period of 30 months.

Training contracts

There are two types of training contract: alternating training and obtaining professional practice.

The alternating training It is designed to combine with studies, it is limited to 30 years in the framework of level 1 and 2 professional certificates, and public or private training programs in alternating employment-training, which are part of the catalog of training specialties of the National Employment System. The maximum duration will be two years, with a working day not exceeding 65% the first year and 85% the second, and remuneration adapted to the agreement that may not fall below 60% the first year and 75% the second.

Exceptions: there will be no age limit in this type of contract when it is applied to people with disabilities and groups in a situation of social exclusion.

The training contract to obtain professional practice It is created for those who have completed university or FP or equivalent studies. You must subscribe within three years of obtaining the title or within a maximum period of five in the event that the contracted person has a disability. It cannot last less than six months nor more than one year.

In September the last contracts of the previous labor reform will conclude

The work or service contracts and the eventual ones due to production circumstances that have been signed in the three-month adaptation period (December 31-March 30) did so under the condition that they could not have a duration of more than six months. therefore, at most, the contracts that are already ruled out in the new labor reform may not be extended beyond September.

If they had been held before December 31 (before the entry into force of the labor reform) these contracts and the fixed work contracts may be applied up to their maximum duration. The previous labor legislation, the contract for work or service allowed temporary periods that could reach four years in some cases.

Regarding infractions, there will be a fine for each contract that does not comply with the norm (per worker and not per company) and the amounts may range from 1,000 to 10,000 euros. In addition, each contract of less than 30 days will be penalized with an additional 26 euros of Social Security contributions.