The latest changes to the labor reform make concessions to the temporary employer and to ERTE – CVBJ


12/27/2021 at 6:51 PM CET

Rafa Bernardo

Social workers gave the green light to labor reform last week, but negotiating teams worked until the last moment to ensure that the royal decree that the Council of Ministers will approve on Tuesday is from everyone’s taste and faithfully incorporates what was agreed upon at the nine-month dialogue table. According to sources from unions and businessmen, in the last few hours, projects have been refined to purge inconsistencies, correct printing errors and even eliminate repeated paragraphs, an inevitable consequence of the “cut and paste” that have occurred in recent daysWhen the negotiations dragged on for hours and the texts were constantly refined. El Periódico de España has had access to the latest document, which includes changes that were verbally agreed upon during final conversations and which are now in writing, and which once again reflect the concessions to the entrepreneurial position that ultimately prompted the CEOE to sign the agreement.

The main change is that the end of contract penalty envisaged by the reform, designed to punish employers who abuse temporary hiring, finally it will only fall on those who make contracts of less than 30 days. This is a surcharge on what must be paid to Social Security at the end of the employment relationship, which is calculated “by multiplying by three the quota resulting from the application to the minimum daily contribution base. of group 8 of the General Social Security Scheme for municipalities. contingencies, the general type of contribution payable by the company to cover common contingencies ”; In a word: almost 25 euros more per contract.

Until almost the end of negotiations, this surcharge was to apply to all temporary contracts; With the final project, it is not limited only to contracts that last less than a month, but also Contracts in the agricultural sector are exempt from this penalty (which have already been published in previous versions), and also to those of domestic workers, coal mining and all substitution contracts.

On the other hand, a transitional provision is also added to the text which establishes that offenses due to non-compliance with the rules of temporality committed before the entry into force of the royal decree-law will be sanctioned in accordance with the rules and amounts provided until ‘now. Thus, the new higher fines against companies that engage in bad working practices, which will also be applied for each irregular worker instead of being settled with a single sanction per company, will only be valid for situations of fraud occurring after approval of reform.

ERTE and entry into force

Another novelty included in the final draft is that the new recruitment formulas agreed at the table will take three months to enter into force: that is to say that the total overhaul of temporary hiring, which includes the abolition of the employment or service contract and the implementation of three new modalities (substitution, production circumstances and occasional) will not begin to apply until the end of March. The reason: the need to “allow time to develop new models and forms, prepare the infrastructure of the Public Employment Service and allow companies and agencies to get used to the idea and to prepare”, explain the sources of the negotiation. This three-month wait also applies to new training contracts (work-study and professional practice) and to the overhaul envisaged for CDI-CDI.

The last of the modifications incorporated in the final text is an improvement in the exemptions from social contributions of companies which benefit from a sectoral NETWORK: that is to say to the new ERTE formula included in the agreement to which companies can resort. “When they are in certain sectors of activity, there are permanent changes which generate requalification needs and professional transition processes for workers. Finally, This bonus will be 40% of what the company pays for each worker involved in RED; the previous document only envisaged 20%.

The royal decree-law also provides for the extension of the current inter-professional minimum wage, which was set last October at 965 euros per month in 14 installments, “until the approval of the royal decree. [que fijará el SMI] by 2022 as part of the social dialogue. “In other words, the new year will not start – contrary to custom – with an update of wage cuts. In this case, according to the sources of the social dialogue, it is not so much a concession to the CEOE as a courtesy: these sources they are sure that the SMI will increase in 2022, and that it will not take long to do so, but they understand that the government is waiting a few weeks to put some distance between the signing of the labor reform (which has already caused an internal controversy within the employers’ association) and the increase in the SMI, which always hurts entrepreneurs.