Updated: 18/05/22
Royal Decree-Law 32/2021, of 28 December, introduces a series of changes in recruitment modalities. The standard "aims to correct the excessive temporariness". of the Spanish labour market, limiting the chain of temporary contracts (to 18 months in a 24-month period), standardising open-ended contracts and restricting the use of subcontractors. It also prohibits the dismissal of civil servants for economic reasons, increases employee training and allows companies to temporarily suspend existing rules to avoid redundancies in times of crisis. Among the following novelties are:
- The abolition of the contract of employment and servicesone of the most widely used temporary contracts in Spain, is one of the novelties contained in the new labour reform. The government has set a limit on the maximum contract period, stating that it should not exceed two years. As a result, alternative training contracts can range from three months to two years.
- In terms of working hoursIn addition, the actual working time cannot exceed 65% in the first year and 85%en in the second year. In addition, overtime cannot be provided under these contracts. Situations such as temporary incapacity, childbirth, etc. will cause the computation of their working life to be disturbed.
- Persons holding a university degreeThe training contracts for the performance of the professional exercise shall be established with persons who have an intermediate or higher degree, a specialist, a vocational master's degree or a certificate from the vocational training system. They may also be signed with persons who have an equivalent qualification in creative or athletic education and are qualified to do the work.
- If you have more than 3 months of professional experience or training previous experience in the same activity in the organisation, you will not be able to enrol (the internship period required to obtain the qualification will not count). In addition, the remuneration of internship contracts will be determined by the company's collective agreement for this type of contract and the obligation to include a Training Plan, which will be associated with a company tutor, is a novelty in internship contracts.
- If a worker accumulates 1 year and a half of contracts The worker is then considered to be indefinite. In addition, if any of the rules governing temporary employment are breached, the worker will be declared indefinite. Temporary workers who have not been registered with the Social Security after a period of time equivalent to the authorised trial period will also become permanent.
- The government has increased sanctions if temporary employment is used irregularly as a consequence of the new labour reform. Because fines will be issued for each employee concerned rather than for the company, the amounts will be higher.
- Contracts may not be coded as temporary contracts.The company's activities, subcontracts and administrative concessions that are part of the company's ordinary course of business.
These are some of the novelties introduced with the 2022 reform that directly affect companies. It is therefore necessary to be clear about them when carrying out day-to-day functions, such as hiring and signing certain types of contracts, as these are the ones that suffer the most variations.
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