The Government will give three months to companies to adapt temporary contracts to the labor reform and maximum duration of the contracts for works and services It will be six months from the entry into force of the reform. This is one of the main measures of the new standard agreed with the CEOE, UGT y CCOO which has been approved by the Council of Ministers this Tuesday and which is expected to come into force this Wednesday, after being published in the Official State Gazette (BOE).
“Today is not just any day. It is one of the most important days of the Government of Spain and of this legislature. Faced with the no for the no of the first opposition force, what we do today change the face from precariousness in our country “, has celebrated the vice-president, Minister of Labor, Yolanda Diaz, at the press conference after the ministers’ meeting, a austere scenery for an agreement of this type that is usually presented in The Moncloa with the signature of the members of the social dialogue and the President of the Government.
Díaz has been accompanied by the Minister of Social Security, José Luis Escrivá, something that was not foreseen in the call, and has praised the work “in partnership” of both ministries, as well as the “high-mindedness” of unions and employers. Without any mention for the first vice president, Nadia Calvin, has thanked “the Government as a whole, the permanent work, the tuning and the conviction that what we were doing was changing the country. “
After being approved by the Council of Ministers, the Government now faces the negotiation to obtain sufficient guarantees to validate the standard within a maximum period of one month. Despite the fact that some of its coalition partners, such as PNV, ERC and Bildu, they do not take their support for granted, the vice president trusts the dialogue to avoid its processing as a bill. “We have not been nine months for this (to change the text). The vocation is to keep the text as it is,” Diaz insisted, signing the words of the president of the CEOE, Antonio Garamendi, who warned on Monday that if there were changes in the Congress would walk out of the deal.
The vice president also explained that the reform has been carried out in dialogue with all political forces – “There has not been a table behind closed doors. All political forces, even some that have only one deputy, know what has been done,” said Díaz– and has suggested that the criticisms of the groups are part of the parliamentary work. “Tell the workers that we are going to end the precariousness, smoke is not. I have been a deputy and I know that the political forces have to do their job, but this is not smoke. Dialogue, dialogue and dialogue, “he insisted, following the statements of the ERC spokesperson in Congress, Gabriel Ruffian, in which he has said that the Government “sells smoke.”
The new reform involves modifying some aspects of the Labor reform of the PP in 2012, when recovering the ultraactive of the conventions and the priority of sectoral agreement on wages. In addition, it lays the foundation for a new model of erte that serves as alternative to dismissal in the face of sectoral crisis or reconversions, reform the fixed-discontinuous contracts so that they have more rights and modify the training contracts, inspired by dual training.
But above all, try to reduce the excessive temporality of the Spanish labor market by establishing that the ordinary contract is indefinite. According to Escrivá, 40% of the contracts have 5 or fewer days in Spain. To end this “anomaly” the temporary contract They may only be held for two reasons: either by substitution for three months or by production circumstances for a maximum of six months which, through collective bargaining in “certain sectors”, could be extended up to a total of 90 days.
The breach of the rules that regulate temporary hiring will lead to the worker being considered indefinite and the sanctions for its fraudulent use. Until now, companies that incur in an abusive rotation of temporary contracts could be fined with a maximum of 8,000 euros in total, while from now on the maximum will be 10,000 euros and for each of the people in a fraudulent situation.