Post by joypaultop1 on Jan 16, 2024 23:52:33 GMT -5
After the labor reform , fixed-term contracts can be established in only two situations: due to production circumstances or due to replacement of a worker. Do you know, as a person responsible for human resources and people management, what the requirements are for hiring a worker due to production circumstances? In this article we are going to focus on explaining the characteristics and legal principles of this type of contract, since it is the most frequent since the entry into force of the labor reform after the option of contracts for work or service disappeared. Of the 11.28 million temporary contracts signed throughout last year in Spain, 68.66% (7.74 million) were due to production circumstances. Table of Contents More permanent contracts and fewer temporary contracts Legal principles of the contract due to production circumstances Situations in which you can use the contract due to production circumstances Legal characteristics of the contract Legal principles of the contract due to unforeseeable production circumstances Legal principles of the contract due to foreseeable production circumstances Regulations and penalties for breach of contract. How to correctly manage labor documentation More permanent contracts and fewer temporary contracts The labor market in Spain has been one of the main protagonists of the year 2022.
The entry into force of the labor reform on March 30 after the approval of Royal Decree-Law 32/2021 on December 28, 2021 has introduced new features regulations with the aim of promoting stability in employment, reducing temporary employ Fax Lists ment and transforming the national labor market. According to data from the State Public Employment Service (SEPE), Spain registered the signing of 11.2 million temporary contracts in 2022, almost six million less than before the reform, and 7.02 million indefinite contracts, five more than before the new regulations. Despite this drop in temporary jobs, the figures show the importance that these labor agreements continue to have, among which are those governed by the temporary contract due to production circumstances . And each month more temporary contracts continue to be signed than permanent ones: 61.5% compared to 38.35%. Flourish logoA Flourish table Legal principles of the contract due to production circumstances The legal principles of the eventual contract due to production circumstances in Spain are based on legislation, the jurisprudence of the Supreme Court and lower courts. In the legislative field, the most important regulations are Royal Decree-Law 32/2021, cited above and better known as Labor Reform (or rather counter-reform), and Article 15 of Royal Legislative Decree 2/2015 , of October 23 , which approves the consolidated text of the Workers' Statute Law. It is important to know the double objective of the approval of the Labor Reform to understand the temporary contract due to production circumstances and what its correct use is. On the one hand, there is the purpose of ending a tradition based on eventuality.
On the other hand, reduce the high Spanish temporary employment rate (22.4%) compared to the countries of the European Union (14.4%). Exclusively causal origin To achieve this, the norm advocates simplifying and reorganizing the previously existing employment contracting modalities so that "the temporary contract has an exclusively causal origin, avoiding an abusive use of this figure and an excessive rotation of workers," according to the law itself. Royal Decree. Despite the simplification of contractual models, labor relations are linked to the administration of a significant volume of documentation, as Human Resources professionals well know. Hence the importance for those responsible for these departments to take advantage of the opportunities offered by technology to manage this sensitive information, doing all document management in safe, organized places that are easy to access and modify. The temporary contract due to production circumstances may be concluded only in two cases: Temporary contract due to unforeseeable production circumstances This typology refers to situations in which production or demand needs are temporary, specific, unpredictable and not repeated over time . The decree states: «Circumstances of production will be understood as the occasional and unpredictable increase in activity and fluctuations, which, even in the case of the normal activity of the company, generate a temporary mismatch between the stable employment available and that which is required, provided that they do not respond to the assumptions included in article 16.1 ( fixed-discontinuous )." Among the fluctuations referred to in the previous paragraph are included, for example, workers' vacations.
The entry into force of the labor reform on March 30 after the approval of Royal Decree-Law 32/2021 on December 28, 2021 has introduced new features regulations with the aim of promoting stability in employment, reducing temporary employ Fax Lists ment and transforming the national labor market. According to data from the State Public Employment Service (SEPE), Spain registered the signing of 11.2 million temporary contracts in 2022, almost six million less than before the reform, and 7.02 million indefinite contracts, five more than before the new regulations. Despite this drop in temporary jobs, the figures show the importance that these labor agreements continue to have, among which are those governed by the temporary contract due to production circumstances . And each month more temporary contracts continue to be signed than permanent ones: 61.5% compared to 38.35%. Flourish logoA Flourish table Legal principles of the contract due to production circumstances The legal principles of the eventual contract due to production circumstances in Spain are based on legislation, the jurisprudence of the Supreme Court and lower courts. In the legislative field, the most important regulations are Royal Decree-Law 32/2021, cited above and better known as Labor Reform (or rather counter-reform), and Article 15 of Royal Legislative Decree 2/2015 , of October 23 , which approves the consolidated text of the Workers' Statute Law. It is important to know the double objective of the approval of the Labor Reform to understand the temporary contract due to production circumstances and what its correct use is. On the one hand, there is the purpose of ending a tradition based on eventuality.
On the other hand, reduce the high Spanish temporary employment rate (22.4%) compared to the countries of the European Union (14.4%). Exclusively causal origin To achieve this, the norm advocates simplifying and reorganizing the previously existing employment contracting modalities so that "the temporary contract has an exclusively causal origin, avoiding an abusive use of this figure and an excessive rotation of workers," according to the law itself. Royal Decree. Despite the simplification of contractual models, labor relations are linked to the administration of a significant volume of documentation, as Human Resources professionals well know. Hence the importance for those responsible for these departments to take advantage of the opportunities offered by technology to manage this sensitive information, doing all document management in safe, organized places that are easy to access and modify. The temporary contract due to production circumstances may be concluded only in two cases: Temporary contract due to unforeseeable production circumstances This typology refers to situations in which production or demand needs are temporary, specific, unpredictable and not repeated over time . The decree states: «Circumstances of production will be understood as the occasional and unpredictable increase in activity and fluctuations, which, even in the case of the normal activity of the company, generate a temporary mismatch between the stable employment available and that which is required, provided that they do not respond to the assumptions included in article 16.1 ( fixed-discontinuous )." Among the fluctuations referred to in the previous paragraph are included, for example, workers' vacations.