Keys to reform labor force since 2012

Following the publication in the Official Gazette of the State of 11 February 2012 of the Education Reform by RD-Law 3/2012, this has been validated by Congress from March 8, unchanged, and still the Highlights which is summarized below.

MEASURES TO ENCOURAGE THE employability of employees:

Employment contract "for training and learning"

Maximum age: until the unemployment rate falls below 15% may be made contracts for training and learning employees under 30

The maximum duration of the contract is 3 years. Through collective agreement shall establish different durations within limits (minimum 6 months and maximum of 3 years).

Expiradala its duration, the employee may be hired again by this method the same or different company when dealing with different work activity or job.

The treballadorpodrà receive training in the company when they meet certain requirements.
The standard establishes reductions in Social Security contributions the conclusion of contracts for training and learning and for transformation into permanent contracts for training and learning.

Vocational

Right of employee training needed to adapt to the changes operated in the workplace.
Workers with at least one year in the company are entitled to paid leave of 20 hours of annual training related to the job for a cumulative period of up to three years.

Subsystem training for employment: centers and training organizations duly accredited to participate in the design and planning subsystem training for employment. Creating an account will record the training that the training received by the worker throughout his career.

Evaluated the desirability of creating a check to finance training individual right to training of workers.

Programade substitucióde treballadorsen training for workers entitled to unemployment benefits: be just that all businesses, whatever the size of its workforce

Temporary Employment Agencies (TTE) - Placement Agency:

Authorized to act as agents for ETT col.locció whenever an affidavit submitted to the Public Service Employment competent.

Initiatives to boost job creation

New employment contract of indefinite support for entrepreneurs and companies with fewer than 50 employees. A full day and a trial period of 1 year. It establishes a tax credit of € 3,000 when the first employment contract is entered into by the company with less than 30 years. It also provides tax credits for hiring unemployed recipients of unemployment benefits when they meet certain requirements, plus bonuses settle in employer social security. Whenever the requirement of maintaining employment.

Part-time contract: possibility of overtime, which also counted for purposes of contribution base for Social Security.

Regulation of "teleworking" (telecommuting): one in which the provision of work to be performed predominant form of the worker's home or place freely chosen by the alternately his face in developing workplace the company, in writing, the right to education, the total remuneration, and a center affiliation.

Tax benefits for transformation into permanent contracts in practice, relief and anticipation of replacing the retirement age. Companies with fewer than 50 employees. 500 € / year. Women: 700 € / year.


Measures to help increase internal flexibility COMPANIES

Professional Rating: It removes the classification system of workers' occupational categories "and the system of generalized employment.

Irregular distribution of working hours: in the absence of agreement, the company will distribute unevenly throughout the year 5% of the working day.

Functional mobility: they need causes (technical or organizational) that enable functional mobility functions to perform both upper and lower, corresponding to non-occupational group. The employer must notify its decision to the employee representatives.

Geographical mobility - transfer: definition of the causes, which must also be economic, technical, organizational or production. Not effectively halt the transfer if the employee does not agree.

Substantial changes in working conditions: includes the modification of the "amount of wages." New definition of causes. The difference between individual or collective nature of the modification is marked by substantial threshold number of workers affected, regardless of the subject. Reduces the notice period of 15 days individual change. New event entitled the employee to terminate the contract and compensation 20 days.

Contract suspension or reduced hours due to economic, technical, organizational or production:
Simplify procedures and eliminates the administrative authorization to carry out the measurement. Transitional arrangements for Downsizing Employment (ERE) pending or resolved with force.

Measures to support the suspension and reduced hours: Businesses are entitled to a bonus of 50% of the employer's social security contingencies common limitations on the duration and fulfilling certain requirements.

Replacement of the right to unemployment benefits.

Collective bargaining

Withdrawal Salary: extending the circumstances in which the company and its representatives may agree to the inapplicability of the provisions of the collective agreement for the sector or company prior consultation period. Possibility of submitting the resolution of discrepancies in the National Consultative Committee of Collective Agreements or equivalent regional

Priority and Business Enterprise: applicative reinforces the priority of the company agreement regardless of what is agreed at a higher level.

Validity Collective Agreement: a solution for ultra-activity indefinitely or automatic extension of the agreements. The parties must negotiate a new agreement within a period of 2 years. From that date, unless otherwise agreed, the agreement is no longer valid.

Measures to help increase market efficiency and reduce the duality WORK

Limitation chaining of temporary contracts: from January 1, 2013 recovers ban chaining temporary contracts beyond 24 months.

New regulation of collective dismissal: It eliminates the administrative authorization. Economic causes: include the persistent decrease in the level of sales, which is when we see a decline for three consecutive quarters. Plan to relocate through external companies relocating authorized layoffs affecting more than 50 workers.

Dismissal target amending the wording of the dismissal for lack of worker adaptation to technical modifications. Dismissal for lack of attendance at work can be applied regardless of the rate of absenteeism total workforce, being able to consider the appropriateness of dismissal for this reason.

Dismissal:

Compensation of 33 days of salary per year of service, to apportion months periods less than one year, up to a maximum of 24 months. This new allowance will apply to new contracts, establishing transitional arrangements for contracts concluded before the entry into force of the reform. The generalization of compensation of 33 days entails the repeal of the first DA in Law 12/2001 regulates the contract for the promotion of permanent contracts with compensation for unfair dismissal 33 days.

Delete the "dismissal express": the new wording removes the art.56.2 business in recognition of dismissal and offer and deposit the compensation in court.

WAGES OF PROCESSING: will only be entitled to wages for processing when opting for readmission. Exception: the legal representatives of workers and union delegates are entitled to wages for processing either choose to compensation as if they opt for readmission.

FOGASA: compensation by the employer FOGASA a part of compensation (8 days) only applies to dismissals from the declared indefinite contracts signed by companies with fewer than 25 employees.

Redundancies affecting 50 workers or more years in large companies with benefits: modifies the requirements for the application and establishes rules and calculation of the contribution to the Treasury.

Changes in the Law 36/2011 on Jurisdiction Social: adapting to the removal of administrative approval (skills, resources). It creates a new way for procedural challenges the business decision of collective dismissal for economic reasons, organizational, technical or production arising from force majeure or by the legal representatives or union workers. Days in August for collective dismissal (art.51 ET)

Other measures:

Permission to breastfeeding: it also allows for cases of adoption and foster care, while expanding the men can exercise it only if one of the parents both work.

Reduction to day legal custody: the right to a reduction of the working day, including at least one eighth part of the day and up to half.

Holiday Enjoyment: When coincidence occurs with temporary disability resulting from pregnancy, childbirth, breastfeeding and maternity and paternity leave, you will enjoy the ending the suspension and even finished the calendar year to which they belong. And if the tenure period coincides with IT for other contingencies, then you can also make cash, provided that 18 months have passed since the end of the corresponding year.

Discounts on existing contracts: bonuses and reductions in employer social security You can enjoy it for contracts entered into prior to the date of entry into force of this Royal Decree (12 February 2012) is governed by regulations in force at the time of the meeting or, if applicable, the time to start enjoying the bonus or reduction.

Self - Payment of unemployment benefit in the form of payment: beneficiaries who are young men up to 30 years of age or young women up to 35 years and started his career as a self-employed can capitalize 100% delivery (before 80%).

Application of dismissal due to economic, technical, organizational or production in the public sector.

Rules applicable to credit institutions: limited to compensation for termination of contract. Termination of Contract of people holding administrative or management in a financial institution because of sanctions. We specify the circumstances in which the contract may be suspended.

Specializing in commercial contracts and senior management in the state sector: limits on compensation for termination. Classification of remuneration. Control law of contracts.

Exceptions: Disappears from 12 February 2012 Bonus reinstatement effective women to work in the 2 years following maternity leave. - Derogatory única.1 f) Law 43/2006