Electronic

Indefinite contracts

Index of contents

  1. Open-ended contract
  2. Specific provisions of the regular open-ended contract
  3. Specific provisions of the open-ended contract of persons with disabilities
  4. Specific provisions of the open-ended contract of persons with disabilities in special employment centres
  5. Specific provisions of the open-ended contract for persons with disabilities from employment enclaves
  6. Specific provisions of the open-ended contract of persons with intellectual capacity limit
  7. Specific provisions of the open-ended contract people returning workers having ceased in business by total permanent disability or absolute
  8. Specific provisions of the open-ended contract people long-term unemployed
  9. Specific provisions of the open-ended contract workers to people in a situation of social exclusion
  10. Specific provisions of the open-ended contract for working people in situation of social exclusion in integration enterprises
  11. Specific provisions of the open-ended contract for women victims of domestic violence, sexual violence and trafficking in human beings, both for the purpose of sexual exploitation and labour
  12. Specific provisions of the open-ended contract people victims of terrorism
  13. Specific provisions of the open-ended contract of young people with low-skilled national recipients youth guarantee
  14. Specific provisions of the open-ended contract of persons carrying out practical training in firms
  15. Specific provisions of the open-ended contract workers for people over 50 years and two of the recipients of unemployment benefits
  16. Specific clauses working people from a training contract (work-linked training and formative for obtaining professional practice) as an
  17. Specific provisions of the open-ended contract of service of the family home
  18. Specific clauses of conversion of temporary and training contracts for the promotion of employment of persons with disabilities in undefined
  19. Specific clauses for conversion of training contracts (work-linked training and formative for obtaining professional practice) and over in undefined and transformation in contracts fijos-discontinuos temporary work contracts signed with people employed in agriculture
  20. Specific provisions of the open-ended contract groupware
  21. Specific provisions of the open-ended contract management

Definition

Is that which was established without establishing time limits in the provision of services, as regards the duration of the contract.

The open-ended work contract, may be oral or written.

The open-ended work contract, may take place in full, partial or for the provision of fixed service discontinuous.

Specific provisions

Open-ended contracts may in some cases be beneficiaries of incentives for recruitment, in compliance with the requirements in each case will be held by the implementing legislation, depending on the nature of the enterprise, and worker, if any, of the day.

Conclusion

In the case of long-term employment relationships, should be in writing: the members of the employment promotion programme, when required by law and, in any case, part-time contracts, discontinuous fixed programme, and those of persons who work at a distance and those employed in Spain in the service of spanish companies abroad. As well as contracts of fishermen.

Without observing the formalization in writing if it is earned, the contract was presumed to be held indefinitely and full time, unless proved otherwise accrediting its temporary nature or part-time nature of services, as set out in the article 8 . 2 of the workers' statute. In any event, either party may require that the contract was confirmed in writing even in the course of the employment relationship.

Will become fixed working people, whatever the mode of recruitment, which had not been given to Social security, after a period equal to that legally have been set for the trial period, unless the nature of the activities or services contracted are clearly determined the duration of the same time, without prejudice to the other responsibilities to any place in law.

The content of the contract shall be communicated to the public employment service in the State of the 10 days following its conclusion.
When the formalization of the contract with a person workers with disabilities the contract will be formalized in writing, quadrupled copy in the official model. The contract will be high in application of the Social security, as well as the certificate of disability.

In the case of regular contract is discontinuous should formalize necessarily in writing in the model is established, and it should contain an indication on the estimated duration of the activity, as well as on the form and the order of the applicable collective agreement, and to state also indicative of the working day and its estimated schedule distribution.

In the case of distance working people in the contract shall bear the place in the delivery. The agreement establishing the distance work will be formalized in writing. Whether the agreement in the initial contract as if you post, will apply the rules contained in article 8 . 4 of the workers' statute for the basic copy of the contract of employment.

If the contract is concluded part-time in the contract must include the number of normal working hours per day, a week, month or year recruited and their distribution. Without observing these demands, the contract was presumed to be held on a full-time basis, unless proved otherwise attesting to the partial character of the services and the number and distribution of hours.

Conversions of temporary contracts may be indefinite time full-time, part-time or fixed and should be formalized discontinuous in writing and, as well as the original contracts and in the model that provides for the public employment service state and shall be communicated to the public employment service in the ten days following its conclusion.

Legislation

  • Royal Legislative Decree 2/2015, 23 october, which adopted the consolidated text of the law of the workers' statute.
  • Royal Decree 1424/2002, 27 december, which regulates the content of contracts of employment and basic copies public employment services, and the use of telematic media in that context.

In this contract governed as established with a general nature for indefinite contracts, without leading it to the establishment of specific content within the specific provisions, by not giving the right to any incentive for recruitment.

Legislation

  • Royal Legislative Decree 2/2015, 23 october, which adopted the consolidated text of the law of the workers' statute.
  • Royal Decree 1424/2002, 27 december, which regulates the content of contracts of employment and basic copies public employment services, and the use of telematic media in that context.

Requirements for working people

Working as people with disabilities with a level equal to 33 % recognized as such by the competent body, or pensioners of Social security that have recognized a permanent disability pension in the level of total, absolute or major disability pensioners, or pensioners who have recognized a retirement pension or retirement permanent incapacity for duty or futility.

Individuals registered in public employment services as applicants for employment services in employment situation of unemployed.
The working person must not have been linked to the company, enterprise group or entity in the twenty-four months prior to the recruitment through a contract for an indefinite period.
Excluded those workers who have completed their employment relationship of an indefinite nature within three months prior to the formalization of the contract, except in the case under article 8 . 2 the law 43 / 2006 , 29 december (official gazette of spain 30 december).
The last two exclusions shall not apply when it comes to people with special difficulties in entering the workforce. To that end, they considered that there are such special difficulties when the person workers covered by any of the following groups:

  • Persons with cerebral palsy, persons with mental illness or people with intellectual disabilities, with a disability degree recognized equal or exceed the 33 per cent.
  • Persons with physical disability or sen soria l, with a disability degree recognized equal or exceed the 65 per cent.

Requirements of the company

The benefits may request that the companies that hire workers with disabilities indefinitely full time or partial, as well as cooperative work associated incorporating workers with disabilities as partners and fulfil the following criteria:

  • Be aware in fulfilling their obligations taxation and Social Security both on the date of the workers and for the implementation of the bonifaceb during the period of bonus there is a lack of income in time of such obligations, there will be the automatic loss of bonuses regulated in the present programme for periods not placed in this period, taking into account the above-mentioned period spent as for the computation of the maximum bonus.
  • Not having been excluded from access to the benefits derived from the implementation of employment programmes by the commission of serious offences not prescribed, in accordance with rule 46 . 2 the act on infractions and sanctions in the Social order, Consolidated Text as adopted, the royal Legislative Decree 5 / 2000 , 4 august.

The companies that have become extinct or extinct by dismissal recognized or subsequently dismissed or by collective redundancies from preferential contracts for a period of twelve months of bonuses set out in this programme.

Incentives

The reference amounts of grants to the financing of the article 47 . 2 .a) and (b) of the DOMINICAN REPUBLIC 818 / 2021 , shall be as follows:

a) Grant for each initial permanent contracts or transformation of temporary contract in undefined, full-time, 5 . 500 euros with a general nature ( 6 . 000 if the individual worker in initial indefinite hiring women, is greater than 45 years of age or belonging to any another vulnerable group established by the public employment service authority).

When initial permanent contracts, full-time, being held against working people with disabilities greatest difficulties of access to the labour market, as set out in article 5 .c), the grant will be of 7 . 000 euros ( 7 . 500 if the person engaged is a woman or greater than 45 years, or belonging to any another vulnerable group established by the public employment service authority).

(b) the amounts of subsidies to indefinite contracts, specified under (a) above, it will be able to increase by up to 2 . 000 euros when hiring by persons employed or by a cooperative or labour society employing its first employee, or when working people with disabilities are from a labour enclave. In the latter case, will require a supporting organisation make the recruitment of continuity and that has elapsed, at least three months since the introduction of the worker or worker to enclave.

In addition, the amounts indicated under (a) when working people with disabilities apply directly to special employment centres, without passing through a labour enclave, provided support in the same of at least six months and not more than three months since causing low as a worker of a special employment centre, whatever the cause of the same.

When the contract is concluded part-time, the grant will be reduced prorata depending on the completed day that it may be less than 50 percent of the day to a full-time working person comparable. This minimum limit of duration of working part time, for the purposes of the granting of such subsidies, will not come as a result of implementation in relation to the group of people with disabilities, as a measure of adequacy of employment to their capabilities.

Bonus business assessments of Social security.

If the contract is concluded full-time, the employer shall have the right to the following bonuses:

Workers without severe disabilities Men Women
Under 45 years 4 . 500 €/year 5 . 350 €/year
Over 45 years 5 . 700 €/year 5 . 700 €/year
Workers with severe disabilities Men Women
Under 45 years 5 . 100 €/year 5 . 950 €/year
Over 45 years 6 . 300 €/year 6 . 300 €/year

In the case of part-time, these amounts will be reduced prorata depending on the established hours.

The company, in order to bonificarse in the company quota, will have to meet the requirements set forth in articles 5 to 9 the law 43 / 2006 , 29 december (official gazette of spain 30 december) and the royal Decree-Law 1 / 2023 , 10 january.

The adaptation of jobs will be earmarked for the financing of universal accessibility measures of physical, sen soria l, learning and communication, and appropriate measures in accordance with the needs of each specific situation, except that these measures ensure an excessive burden for the club, as well as the provision of means of protection staff to prevent the risk to people with disabilities recruited and/or and elimination of architectural barriers or obstacles that prevent or hamper their work.

The amount of reference of the grant will be of 1 . 800 euros per person workers hired during the period minimum established by each state employment service, and in no event exceed the real cost, in fact, warranted by the adaptation, size or elimination.

A deduction for the full assessment of the amount 9 . 000 euros per person/year of average increase of working people with disabilities on an equal degree or higher than 33 per cent and below 65 % employed by the taxpayer, experienced during the period of taxation, with regard to the workforce of workers of the same nature in the immediate period ahead.

A deduction for the full assessment of the amount 12 . 000 euros per person/year of average increase of working people with disabilities on an equal degree or higher than 65 % employed by the taxpayer, experienced during the period of taxation, with regard to the workforce of workers of the same nature in the immediate period ahead.

Subsidies for the recruitment of people with disabilities is the competence of the autonomous communities, except for the autonomous cities of Ceuta and Melilla. It is important that prior to the contract of employment, in the case be so requested, subsidy previously in the public employment service of their autonomous community.

Subsidies to be autonomous competition the requirement of compliance with the requirements, depends on each autonomous community and the provincial directorates of the SEPE the autonomous cities of Ceuta and Melilla.

Legislation

  • Royal Decree 1424/2002, 27 december, which regulates the content of contracts of employment and basic copies public employment services, and the use of telematic media in that context.
  • Law 43/2006, 29 december, to improved growth and employment.
  • Law 27/2014, 27 november, corporate tax base.
  • Decreto-ley Real 1/2023, 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.
  • Royal Decree 818/2021, 28 september, which governs the activation programmes for the use of the national system of Employment.

Requirements for working people

Working as people with disabilities with a level equal to 33 % recognized as such by the competent body, or pensioners of Social security that have recognized a permanent disability pension in the level of total, absolute or major disability pensioners, or pensioners who have recognized a retirement pension or retirement permanent incapacity for duty or futility.

The loss of capacity in This setting will be seen in connection with the normal capacity of a person of similar professional qualifications.

The degree of disability will be carried out by teams multiprofesionales in writing, to apply the standards set out in the relevant rules of procedure.

Individuals registered in public employment services as applicants for employment services in employment situation of unemployed.

The working person must not have been linked to the company, enterprise group or entity in the twenty-four months prior to the recruitment through a contract for an indefinite period.

People are excluded workers who have completed their employment relationship of an indefinite nature within three months prior to the formalization of the contract, except in the case under article 8 . 2 the law 43 / 2006 , 29 december (official gazette of spain 30 december).

This exclusion does not apply when it comes to people with special difficulties in entering the workforce. For this purpose, shall be considered that there are such special difficulties when the person workers covered by any of the following groups:

  • a) persons with cerebral palsy, persons with mental illness or people with intellectual disabilities, with a disability degree recognized equal or exceed the 33 by 100 .
  • (b) persons with physical disability or sen soria l, with a disability degree recognized equal or exceed the 65 by 100 .

Features of the contract

To conclude contracts special employment centres may be indefinite character with the exception of the contract of employment.

With regard to Social security contributions, will apply the regime of bonuses or exemptions from contributions, in general or specific, more beneficial.

In order to facilitate adaptation professional working person with disabilities in the performance of the tasks which are the content of the workplace or, if any, complete the training necessary for the same, in the contracts may pactarse a period of adaptation to work, which in turn will have the character of trial period and whose duration may not exceed six months.

The need for the individual workers with disabilities through a period of adaptation to work and the conditions of This will be determined by the multi-professional Team.

In the area of working hours, breaks, holidays, vacation and permits follows the fifth section of the second chapter of title I of the workers' statute, without prejudice to the following characteristics:

  • a) prohibits the performance of overtime except those necessary to prevent or redress damage and casualties.
  • (b) the individual worker notice and justification, may be absent from work to assist rehabilitation treatments médico-funcionales and to participate in actions of guidance, training and retraining, entitled to remuneration provided that such absence from work does not exceed 10 days in a half.

Requirements of the company

Are companies promoted mainly by associations of persons with disabilities and/or their families, without prejudice to any physical or legal persons may constitute one.

The main objective of these centres is labour-market integration and social council of persons with disabilities.

Of special employment Centre, companies must rely on its staff with a minimum 70 % working people with disabilities and to request the corresponding qualification to the competent administration.

Special employment centres are companies whose main objective is to provide working people with disabilities a productive and remunerative work appropriate to their personal characteristics and to facilitate the integration of women in regular market.

Can be created by the public administrations, directly or in collaboration with other agencies. By entity, by individuals, legal or communities, to have legal capacity and to work to be entrepreneurs.

May be either public or private, with or without profit spirit.

It is essential to the qualification and registration Centres of the public employment service Estatal (SEPE), or, where appropriate, in the corresponding Regional Administrations.

The management is subject to the same rules affecting any business.

May apply the following special employment centres workers with disabilities indefinitely full time or partial.

Be aware in fulfilling their obligations taxation and Social Security both on the date of high for working people and during the implementation of the bonifaceb during the period of bonus there is a lack of income in time of such obligations, there will be the automatic loss of bonuses regulated in the present programme for periods not placed in this period, taking into account the above-mentioned period spent as for the computation of the maximum bonus.

Not having been excluded from access to the benefits derived from the implementation of employment programmes by the commission of serious offences not prescribed, in accordance with rule 46 and 46 bis of the act on infractions and sanctions in the Social order, Consolidated Text as adopted, the royal Legislative Decree 5 / 2000 , 4 august.

Special employment centres that have become extinct or extinct by dismissal recognized or subsequently dismissed or by collective redundancies from preferential contracts for a period of twelve months of bonuses set out in this programme.

Incentives

The programme of labour inclusion of persons with disabilities in the labour market protected is aimed at the integration of persons with disabilities in the labour market, through the granting of public subsidies to promote the establishment and maintenance of jobs in special employment centres which have received their qualification as such.

Support for the maintenance of jobs in special employment centres, are as follows:

  • Bonus 100 per cent of the company quota to Social security, including those of accidents and occupational disease and contributions of joint fund-raising.
  • Investment grant, which will be set up 12 . 000 euros for each new recruits with an indefinite period or by each transformation in temporary work contracts of indefinite or fixed duration that they are carried out with persons with disabilities, and in no event exceed the real cost, in fact, warranted by the investment.
  • Wage cost subsidies to graduate taking into account the type and degree of disability of persons receiving this Last programme, as well as the stability of the jobs that are as follows: In the case of working people with disabilities greatest difficulties of access to the labour market, the minimum amount of the grant for each person will be equivalent to worker 55 percent of the minimum wage in force ( 60 per cent if women or greater than 45 years) when you have an open-ended contract, and 50 percent when you have a temporary contract with the minimum duration which provide, in his case, the public employment service. In the case of working people with physical disabilities or sen soria l with a degree recognized below 65 % the minimum subsidy for every person will be equivalent to worker 50 percent of the minimum wage in force when you have an open-ended contract, and 40 percent when you have a temporary contract with the minimum duration which provide, in his case, the public employment service.
  • Funding for adaptation, including physical universal accessibility, sen soria l, learning and communication, and appropriate measures in accordance with the needs of each specific situation, except that these measures ensure an excessive burden for the club, as well as the provision of means of personal protection and elimination of architectural barriers, will have a maximum amount of 1 . 800 euros per person disabled worker contracted during the period minimum established by each state employment service, and in no event exceed the real cost, in fact, warranted by the adaptation, size or elimination.
  • The subvention for the services of personal and social adjustment of the enabling units in the professional activity will have the amount specified in article 4 . 2 the royal decree 469 / 2006 , 21 april, establishing the enabling units in the professional activity within the framework of the personal and social adjustment of special employment centres.

It is understood by units of support for the Professional Activity multiprofesionales teams and enclosed within the services of Personal and Social Adjustment of special employment centres, which through the development of different functions and tasks, help to overcome the barriers, obstacles or difficulties that working people with disabilities of such centres are in the process of admission to employment or work, as well as the right to remain in the same.

Other features

The work of the individual workers with disabilities in special employment centres must be productive and gainful employment, appropriate to the individual characteristics of the worker, in order to encourage their personal and social adaptation, and, if so, their subsequent integration into the regular market.

In order to ensure that work is adapted to the personal and professional characteristics of the individual workers with disabilities and to assess the degree of alignment, professional teams reached Multiprofesionales les subject to review, at least every two years. If as a result of revising the Multiprofesionales Teams observed that the work of the working person poses a grave risk to their health, must declare the inadequacy of the same must move in that case the worker to appropriate to their characteristics within the Centre and this is not possible to cease in the provision of services.

On the assumption that the risk could be established prior to the periodic review of Multi-Professional Team, the same, failing to recognise this immediately to the Multi-Professional Team.

Legislation

  • Royal Decree 1368/1985, 17 july, which regulates the employment relationship of special character of the disabled to work in the Special employment centres.
  • Royal Decree 427/1999, 12 march, amending the Royal Decree 1368 / 1985 , 17 july, which regulates the employment relationship of special character of the disabled to work in the special employment centres.
  • Royal Legislative Decree 1 / 2013 , 29 november, which adopted the consolidated text of the General law on rights of persons with disabilities and their social inclusion.
  • Royal Decree 2273/1985, 4 december, approving the regulations of the special employment centres as defined in article 42 the law 13 / 1982 , 7 april, of the Social integration of Handicapped (current article 43 of Royal Legislative Decree 1/2013, 29 november, which adopted the consolidated text of the General law on rights of persons with disabilities and their social inclusion.
  • Royal Decree 469/2006, 21 april, establishing the enabling units in the professional activity within the framework of the personal and social adjustment of special employment centres.
  • Decreto-ley Real 1/2023, 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.
  • Royal Decree 818/2021, 28 september, which governs the activation programmes for the use of the national system of Employment.
  • Law 43/2006, 29 december, to improved growth and employment.

The transit of working people with disabilities from employment in special employment centres to employment in the regular market, especially through labour enclaves regulated in royal decree 290 / 2004 , 20 february, regulating labour enclaves as a measure of employment of persons with disabilities, spurring their recruitment indefinitely.

Requirements for working people

Working as people with disabilities with a level equal to 33 % recognized as such by the competent body, or pensioners of Social security that have recognized a permanent disability pension in the level of total, absolute or major disability pensioners, or pensioners who have recognized a retirement pension or retirement permanent incapacity for duty or futility.

Proceed in an enclave of work and to be voluntary redundancy in the special employment Centre.

Belong to any of the following target groups (as set out in article 6 the royal decree 290 / 2004 , 20 february):

a) persons with cerebral palsy, persons with mental illness or persons with intellectual disabilities with a disability degree recognized equal or exceed the 33 per cent.

(b) persons with physical disability or sen soria l with a disability degree recognized equal or exceed the 65 per cent.

(c) women with disabilities not included in the paragraphs above with a disability degree recognized equal or exceed the 33 per cent.

Requirements of the company

Be supporting organisation and meet the requirements established by royal decree 290 / 2004 , 20 february (official gazette of spain 21 february).

The companies that have become extinct or extinct by dismissal recognized or subsequently dismissed or by collective redundancies from preferential contracts for a period of twelve months of bonuses set out in this programme.

Incentives

The company collaborator who hires a person of the enclave worker that belongs to the group's collective) or (b) shall be entitled to subsidies established by the RD 818 / 2021 , 28 september.

If a supporting organisation hires a person the enclave that belong to the party of the group (c), shall be entitled to subsidies established by the RD 818 / 2021 , 28 september.

Bonus business assessments of Social security.

If the contract is concluded full-time, the employer shall have the right to the following bonuses:

Workers without severe disabilities Men Women
Under 45 years 4 . 500 €/year 5 . 350 €/year
Over 45 years 5 . 700 €/year 5 . 700 €/year
Workers with severe disabilities Men Women
Under 45 years 5 . 100 €/year 5 . 950 €/year
Over 45 years 6 . 300 €/year 6 . 300 €/year

If the recruitment is made part-time, the amount of bonus up to the provisions of article 10 del RD Act 1 / 2023 , 10 january.

Responsibilities

The beneficiary enterprises be forced to maintain the stability of these people for a minimum period of three years and, in case of dismissal from should replace, other working people with disabilities.

Be aware in fulfilling their obligations taxation and Social security.

Other features

With regard to matters not provided for in royal decree 290 / 2004 , 20 february, will apply to the collaborating companies and to such contracts regime on requirements and exclusions, as well as obligations, including the maintenance of stability in the employment of workers, applicable to the aid regulated in Royal Decree 818 / 2021 , 28 september.

Legislation

  • Royal Decree 290/2004, 20 february, regulating labour enclaves as a measure of employment of persons with disabilities.
  • Law 43/2006, 29 december, to improved growth and employment.
  • Decreto-ley Real 1/2023, 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.
  • Royal Decree 818/2021, 28 september, which governs the activation programmes for the use of the national system of Employment.

Requirements for working people

As people with intellectual limit those stipulated in article 2 the royal decree 368 / 2021 , 25 may 1995 on positive action measures to promote access to employment of persons with intellectual capacity limit.

But as people with intellectual limits contained in the public employment services as applicants for employment services in employment situation of unemployed, according to existing standards of assessment of the situation of disability at least one 20 % intellectual disability and which do not reach the 33 per cent.

People are excluded workers who have completed their employment relationship of an indefinite nature within three months prior to the formalization of the contract.

The working person will not have relatives by consanguinity or affinity to 2 º degree inclusive, with the employer or with whom holds jobs or are members of the organs of administration of societies, as well as in recruitment occurring with the latter.

The working person should not have been linked to the company, enterprise group or entity in the 24 months prior to the recruitment through open-ended contract or in the past 6 months through fixed-term or temporary contract or through a training programme or replacement.

Excludes workers who have completed its work relation of indefinite character within three months prior to the formalization of the contract. This exclusion does not apply when the completion of the contract is for dismissal recognized or dismissed, or by redundancies.

Features of the contract

The contracts under the aid in the "incentives will have to be made for an indefinite time, including fixed modality, through recruitment discontinuous full-time or part-time.

Requirements of the company

The benefits may request that the companies and workers and self-employed workers hire persons with intellectual workers limits indefinitely full time or partial, as well as cooperative work associated incorporating people with intellectual limit as partners and a partner and fulfil the following criteria:

Be aware in fulfilling their obligations taxation and Social Security both on the date of high for working people and during the implementation of the bonuses.

Not having been excluded from access to the benefits derived from the implementation of employment programmes by the commission of serious offences not prescribed, in accordance with articles 46 and 46 bis of the consolidated text of the law on offences and penalties in the Social order, Consolidated Text adopted by royal Legislative Decree 5 / 2000 , 4 august.

The companies that have become extinct or extinct by dismissal recognized or subsequently dismissed or by collective redundancies from preferential contracts for a period of twelve months of bonuses set out in this programme. This exclusion affects a number of contracts equal to that of extinctions produced.

Incentives

Grant * 2000 euros for each contract full time.

When the contract was concluded for an indefinite time work, the subsidization of 2000 euros will be reduced in proportion to the agreed time.
Bonus business assessments of Social security.

Bonus 128 euros/month for 4 years.

If the recruitment is made part-time, the above-mentioned amounts shall be reduced prorata depending on the established hours and correspond with the provisions of article 10 del RD Act 1 / 2023 , 10 january.

The adaptation of jobs will be earmarked for the financing of universal accessibility measures of physical, sen soria l, learning and communication, and appropriate measures in accordance with the needs of each specific situation, except that these measures ensure an excessive burden for the club, as well as the provision of means of protection staff to prevent the risk to people with disabilities recruited and/or elimination of architectural barriers or obstacles that prevent or hamper their work.

The amount of reference of the grant will be of 1 . 800 euros per person workers hired during the period minimum established by each state employment service, and in no event exceed the real cost, in fact, warranted by the adaptation, size or elimination.

* The subsidies for autonomy within the requirement of compliance with the requirements depends on each autonomous community and the provincial directorates of the autonomous cities of Ceuta and Melilla.

Legislation

  • Decreto-ley Real 1/2023, 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.
  • Royal Decree 818/2021, 28 september, which governs the activation programmes for the use of the national system of Employment.

Indefinite contracts involving the readmission of persons who have ceased in the company by total permanent disability or absolute, according to the cases envisaged in article 2.1 and 2 the royal decree 1451/1983, 11 may, by which pursuant to law 13/1982, 7 april, regulates the selective application and the employment of handicapped persons.

Incentives

Bonus 138 euros/month for 2 years, provided that the above-mentioned readmission not give effect to a right of working people to return to the workplace.

The bonus indicated in the previous paragraph shall also be applicable in the cases of persons aged over 55 years of permanent incapacity readmitted to your company in another category, as well as persons over that age to its capacity and could be recruited by another company.

Legislation

  • Decreto-ley Real 1/2023, 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.
  • Royal Decree 1451/1983, 11 may, by which pursuant to law 13 / 1982 , 7 april, regulates the selective application and the employment of handicapped persons.

Requirements for working people

Unemployed persons registered in the employment bureau at least 12 months 18 prior to recruitment.

Features of the contract

Indefinitely full- or part-time.

Requirements of the company

The company should be the person hired worker at least 3 years since the start of the employment relationship.

For the purposes of fulfilling the obligations of maintaining the situation of high, or assimilated to high, in the corresponding Social security system will not be considered extinctions of contracts of employment for objective reasons, or by punitive dismissals that have not been declared or recognized as inappropriate, collective redundancies that have not been found not adjusted to law, as well as extinctions caused by resignation, retirement, death or permanent total incapacity, absolute or major disability for working people, or by a decision of the probationary period. It will not be taken into account the extinction of contracts of employment due to retirement, death or permanent total incapacity, absolute or major disability the employer, by expiry of the agreed time limit in case of training contracts or time-bound discounted this rule, or by the end of the appeal to women who work with fijo-discontinuo contract, as well as in the case of subrogaciones, by the legal reasons stipulated.

Incentives

Bonus of the company quota to Social security:

  • Men: 110 eur/month.
  • Women and persons older than 45 years: the bonus will be shown 128 eur/month.

If the contract is concluded part-time bonuses will be in proportion to the working day pacted in the contract in accordance with article 10 . 2 the Royal Decree Law 1 / 2023 .

Duration

  • 3 years

Legislation

  • Decreto-ley Real 1/2023, 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.

Requirements for working people

Working people included in the public employment services as applicants for employment services in employment situation of unemployed and are included in one of the groups listed in the article 2 . 1 the law 44 / 2007 , 13 december, for the regulation of the regime of enterprises, as well as any other collective that, by its characteristics and socio economic this condition has accredited by the social services or competent bodies, and is determined by membership of any of the following groups:

  • A) Recipients of minimum welfare, or any other provision of equal or similar nature, as the name adopted in each autonomous community, as well as the members of the beneficiaries of coexistence.
  • (B) persons who are unable to access the benefits that referred to in paragraph 1 above, for some of the following:
    • Lack of required period of residence or registration, or to the constitution of the unit Perceptora.
    • Having exhausted the maximum period during which stipulated by law.
  • (C) young people over the age of eighteen years and under the age of thirty, from child protection institutions.
  • (D) individuals with problems of drug addiction or other addictive disorders that are in the process of rehabilitation or reintegration into society.
  • (E) penitentiaries prison whose situation are permitted to take jobs and whose employment relationship is not included in the scope of the special employment relationship is governed by article 1 the royal decree 782 / 2001 , 6 july, which regulates the employment relationship of special character of the prisoners who perform work in prison and Social security benefits for persons who benefit the community, as well as those released on bail and former prisoners.
  • (F) juveniles in detention within the scope of the organic law 5 / 2000 , 12 january, which regulates the criminal responsibility of minors, who are permitted to use and whose employment relationship is not included in the scope of the special employment relationship referred to in article 53 . 4 of the rules of procedure of the act, adopted by the royal decree 1774 / 2004 , 30 july, approving the regulations of the organic law 5 / 2000 , 12 january, which regulates the criminal responsibility of minors, as well as those in probation and former inmates.
  • (G) persons with alternative accommodation centres authorized by the autonomous communities and cities of Ceuta and Melilla.
  • (H) persons from prevention services and social integration activities authorized by the autonomous communities and cities of Ceuta and Melilla,
  • (I) other periods established public employment services or organizations of the autonomous communities.

For the purposes of the implementation of the payment of contributions, the company would require the prior accreditation of the situation of social exclusion by social services or competent public body, as referred to in article 6 .d) del RD Act 1 / 2023 , 10 january, and maintain the supporting documentation for five years at the disposal of the bodies responsible for verification, monitoring and control of the bonus.

In those cases in which an individual worker hired has finished a contract with a company during the insertion 12 previous months, has not subsequently devoted its employment services for a period exceeding 30 days to one employer after the cessation of the company is hired insertion and indefinitely by an employer who is not a company of insertion or special employment centre, the bonus shall be of 147 euros/month for a maximum period of 12 months. The end of this period, 12 months will be before the bonus up to the maximum duration identified in that paragraph.

The working person will not have relatives by consanguinity or affinity to 2 º degree inclusive, with the employer or with whom holds jobs or are members of the organs of administration of societies, as well as in recruitment occurring with the latter.

The working person must not have been linked to the company, enterprise group or entity in the 24 months prior to the recruitment through open-ended contract or in the past 6 months through fixed-term or temporary contract or through a training programme or replacement.

People are excluded workers who have completed their employment relationship of an indefinite nature within three months prior to the formalization of the contract. This exclusion does not apply when the completion of the contract is for dismissal recognized or dismissed, or by redundancies.

Features of the contract

The contracts under the aid in the "incentives may be made for an indefinite time, including fixed modality, through recruitment discontinuous full-time or part-time. Will be formalized in writing in the model that provides for the public employment service.

Requirements of the company

Be up to date with your tax and Social Security obligations.

Not having been excluded from access to the benefits derived from the application of employment programs as provided for in Article 46 of Royal Legislative Decree 5/2000, of August 4 (BOE of August 8), which approves the consolidated text of the Law on infractions and sanctions in the social order.

Companies that have terminated or terminate, due to recognized or declared unfair dismissal or collective dismissal, bonus contracts will be excluded from bonuses for a period of 12 months. The aforementioned exclusion will affect a number of contracts equal to the number of terminations produced.

Incentives

Bonus 128 euros/month for 4 years.

If the recruitment is made part-time, the amount of bonus reducira proportionally to the established hours or in the contract, in accordance with article 10 del RD Act 1 / 2023 , 10 january.

Legislation

  • Decreto-ley Real 1/2023, 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.

Requirements of the working people

Working people in situation of social exclusion; the social exclusion be accredited by the relevant competent public social services and is determined by membership of any of the following groups:

  • A) Recipients of minimum welfare, or any other provision of equal or similar nature, as the name adopted in each autonomous community, as well as the members of the beneficiaries of coexistence.
  • (B) persons who are unable to access to benefits referred to in the preceding paragraph for some of the following:
    • Lack of required length of residence or registration, or to the constitution of the unit perceptora.
    • Having exhausted the maximum period during which stipulated by law.
  • (C) Óvenes older than eighteen years and under the age of 30 from child protection institutions.
  • (D) individuals with problems of drug addiction or alcoholism who are in the process of rehabilitation or reintegration into society.
  • (E) penitentiaries prison whose situation are permitted to take jobs and whose employment relationship is not ­ ­ ­ tea including within the scope of the special employment relationship is governed by article 1 the royal decree 782 / 2001 , 6 july, which regulates the employment relationship of special character of the prisoners who perform work in prison and Social security benefits for persons who benefit the community, as well as those released on bail and former prisoners.
  • (F) juveniles in detention within the scope of the organic law 5 / 2002 regulation of criminal responsibility of minors, who are permitted to use and whose employment relationship is not included in the scope of the special employment relationship referred to in article 53 . 4 of the rules of procedure of the act, adopted by the royal decree 1774 / 2004 , 30 july, approving the regulations of the organic law 5 / 2000 , 12 january, which regulates the criminal responsibility of minors, as well as those in situation of probation and former inmates.
  • (G) persons with alternative accommodation centres authorized by the autonomous communities and cities of Ceuta and Melilla.
  • (H) persons from prevention services and social integration activities authorized by the autonomous communities and cities of Ceuta and Melilla.

The working person will not have relatives by consanguinity or affinity to 2 º degree inclusive, with the employer or person holds jobs or are members of the organs of administration of societies, as well as recruitment occurring to the latter; The individual worker must have been linked to the company, enterprise group or entity the 24 months prior to the recruitment through open-ended contract, or in the past 6 months through fixed-term or temporary contract or through a training programme or replacement.

People are excluded workers who have completed their employment relationship of an indefinite nature within three months prior to the formalization of the contract. This exclusion does not apply when the completion of the contract is for dismissal recognized or dismissed, or by collective dismissal, except in the case under article 8 . 2 the law 43 / 2006 , 29 december (official gazette of spain 30 december).

Characteristics of the contract

The contracts under the aid may be made for an indefinite time, including the modality of discontinuous or fixed, temporary recruitment through full-time or part-time, and in this case be the daily or weekly day of more than half of the day of the full-time worker comparable.

It also may engage in the temporary contract of employment promotion for workers in a situation of social exclusion. Will be formalized in writing in the model provided by the public employment service.

Requirements of the company

Be firm or qualified cooperative society as business linkages, which pursues an economic activity is aimed at social integration and socio-laboral training people in situation of social exclusion.

To be promoted and owned by one or more entities promoters, i.e., non-profit entities, non-profit associations and foundations, whose corporate purpose enjoy the social integration of disadvantaged persons, to promote the creation of companies. This participation will be at least one 51 per cent of social capital for companies. In the case of cooperative societies and labour societies such participation should be placed in the ceilings set out in the legislation which is applicable to partners or partners.

Be registered in the register, as well as registration of companies of insertion of the autonomous community.

To keep under annual count, a percentage of workers in the process of integration, at least 30 % during the first three years of activity and at least 50 per cent of all staff from the fourth year, and cannot be less than two.

Do not engage in economic activity other than that of its objects.

Implement at least the 80 per cent of the surplus available to the improvement and expansion of their productive structures and linkages.

Submit annually a Social Balance sheet should include economic and social memory, degree of integration into the regular labour market and the staff composition, information about the tasks carried out and inserting forecasts for next year.

To have the means to fulfil the commitments derived from the itineraries of sociolaboral insertion.

Be aware in the discharge of their fiscal obligations and in the face of Social security.

Not having been excluded from access to the benefits derived from the implementation of employment programmes, as set out in article 46 the Legislative R.D. 5 / 2000 , 4 august (official gazette of spain 8 august), which approves the consolidated text of the act on infractions and sanctions in the social order.

Incentives

Each open-ended contract will be entitled to a bonus of the company quota for Social security 70 , 83 €/month ( 850 €/year) during 3 years.

When the contract is institutionalized juvenile offenders, 30 years or under 35 years if are recognized as having a disability degree equal or exceed the 33 per cent triggers entitlement to a bonus of 147 euros/month, during 3 years.

The companies that have become extinct or terminated by dismissal recognized or subsequently dismissed or by collective dismissal, preferential contracts under the regulations of programmes to promote employment, as provided for in article 6 . 2 the law 43 / 2006 , 29 december (official gazette of spain 30 december), will be excluded for a period of 12 months of aid available under that act.

Other features

The benefits established may not, in concurrence with other public aid for the same purpose, overcoming 60 per cent of the annual wage costs under the contract which bonifica.

In the case of aid without obtaining satisfy the requirements for granting, will the return of the amounts set bonus enter by Social security contributions and to charge interest as provided for in fundraising standards in Social security.

Will not be awarded Incentives described in the case of labour relations.

Legislation

  • Law 44/2007, 13 december, for the regulation of the regime for integration enterprises.
  • Law 43/ 2006, 29 december, to improved growth and employment.
  • Additional Provision 6 ª of Royal Decree Law 1/2023, 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.

Requirements for working people

Indefinite hiring of women who have recognized the status of victims of domestic violence, sexual violence or trafficking in human beings, sexual exploitation or labour exploitation and women in the context of prostitution in accordance with the definitions contained in articles 6 .e), (f) and (g) of the royal Decree-Law 1 / 2023 , 10 january will be required. Not register in the public employment services.

a) women victims of gender violence: women attesting to this situation, in accordance with article 23 of the organic law 1 / 2004 , 28 in december on comprehensive protection measures against gender violence.

(b) women victims of trafficking in human beings, sexual or labour exploitation and women in the context of prostitution: women for ascertaining the situation in a report of a public service responsible for the comprehensive care of victims of trafficking, sexual or labour exploitation and women in the context of prostitution or specialized social entities duly recognized by the competent public agencies, in accordance with article 47 the royal Decreto-ley 6 / 2022 , 29 march, which urgent action in the framework of the national Plan of response to the economic and social consequences of war in ukraine.

(c) women victims of sexual violence: women over 16 years of this situation means as envisaged by section 37 of the organic law 10 / 2022 , 6 september, from comprehensive guarantee of sexual freedom.

Characteristics of the contract

The contracts under the aid may be made for an indefinite time, including fixed modality, through recruitment discontinuous full-time or part-time. Will be formalized in writing in the model that provides for the public employment service.

Requirements of the company

This contract may conclude all enterprises, including cooperatives or labour societies and integrating this group as partners workers or work, provided that the entity has opted for a Social security system of self-employed workers, as well as the self-employed workers who hire included in this group.

Be aware in the discharge of their fiscal obligations and in the face of Social security.
Not having been excluded from access to the benefits derived from the implementation of employment programmes, as set out in article 46 the royal legislative decree 5 / 2000 , 4 august (official gazette of spain 8 august), which approves the consolidated text of the act on infractions and sanctions in the social order.

The companies that have become extinct or extinct severance preferential contracts recognized or subsequently dismissed or by collective redundancies from, for a period of twelve months of incentives for recruitment. The above exclusion affecting a number of contracts equal to that of extinctions produced.

Incentives

Each contract shall entitle indefinite, since the time of the contract, to a monthly bonus of the company quota to Social security for every person at work.

Bonus 128 euros/month for 4 years

If the recruitment is made part-time, the amount of bonus will be reduced prorata depending on the established hours or in the contract, in accordance with article 10 del RD Act 1 / 2023 , 10 january.

Other features

The benefits established may not, in concurrence with other public aid for the same purpose, overcoming 60 per cent of the annual wage costs under the contract which bonifica.

Will not be awarded Incentives described in the case of labour relations.

Legislation

Requirements for working people

Indefinite hiring of persons having accredited the victim of terrorism in accordance with the definition provided in article 6 .h of royal decree Law 1 / 2023 (Victims of terrorism: Persons attesting such status in accordance with article 34 the law 29 / 2011 , 22 september, and comprehensive protection of victims of terrorism).

Incentives

Bonus 128 euros/month for 4 years.

Legislation

  • Decreto-ley Real 1 / 2023 , 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.
  • Law 29 / 2011 , 22 september, and comprehensive protection of victims of terrorism.

Requirements of the individual worker

Young people under 30 years with low-skilled, are beneficiaries of the national Youth Guarantee.

Will young people with low-skilled, those who have not reached studies for the high school diploma or Training Cycle of average grade level of vocational training system, in accordance with the statement made in this regard in its registration in the file of the national youth Guarantee distortion in that statement would lead to their exclusion as persons benefiting from the field assets control system.

Requirements of the company

a) not having been declared ineligible for public subsidies and grants and to enjoy the benefits and tax incentives or Social security, in accordance with article 33 . 7 .f) act 10 / 1995 , 23 november, of the criminal code.

(b) about the benefits in Social security contributions, not having been excluded from access to grants, subsidies, bonuses and benefits derived from the implementation of employment or training for employment, by the commission of serious violations or very serious not prescribed, in accordance with articles 46 and 46 bis of the consolidated text of the law on offences and penalties in the field of employment, approved by the royal Legislative Decree 5 / 2000 , 4 august.

Similarly, in respect of public subsidies, not having been excluded from access to the benefits derived from the implementation of programmes for employment by the commission of serious violations or very serious not prescribed, in accordance with articles 62 and 63 the law 38 / 2003 , 17 november, General subsidies.

(c) Be aware in fulfilling their obligations.

In the case in question of benefits in Social security contributions, date must be aware in fulfilling these obligations will be one in which it shall be communicated to the General treasury of Social security benefits of the individual worker or variation of corresponding data on the assumption that the start of the right to payment of contributions would not occur as a result of the high.

To be regarded as fulfilled the requirement to be found in the current tax liabilities for the duration of the benefits, as well as for access to new benefits, it is deemed to certificates issued by telematics by the competent body will have a period of validity of six months since its issuance, the accredited to the above requirement during the whole of this period, regardless of the tax status which will find the company between the date referred to in the preceding paragraph and the expiration of the validity of six months. This period of validity will be extended for another six months since verified within each of those deadlines, the status of being informed in the fulfilment of tax obligations for access to new benefits.

(d) Be aware in fulfilling their obligations with Social security in connection with the accession by assessments and joint fund-raising concepts as well as any other remedy Social security that is subject to the collection management of Social security, in the terms and conditions set out in article 20 the consolidated text of the General law on Social security, adopted by royal Legislative Decree 8 / 2015 , 30 october, and its regulatory development, except as otherwise legally the waiver of any of those paragraphs of this article.

In the case of benefits to the assessments of Social security, if during the period of their realization went down in article 20 . 3 the consolidated text of the General law on Social security, there will be automatic loss of profits regulated in the present rule, for a period not placed in time, unless they are due to errors of the administration, taking into account the said period as used for calculating the maximum enjoyment of such benefits. The automatic loss of benefits would be implemented only with regard to persons working in the existence of the circumstances described in article 20 . 3 the consolidated text of the General law on Social security in the framework of the liquidation of assessments carried out in the system of direct settlement referred to in article 22 the said act.

To that end, they mean that companies are not aware on compliance with the requirement referred to in this sub-paragraph (d) when the high of the individual worker has been communicated by the company to the General treasury of Social security in point after the conclusion of the time of submission of the corresponding liquidation quotas or, if any, that in which it has made the last confirmed liquidation quotas, within the corresponding legally permissible period of presentation, should have been included for the first time the person affected worker with implementation of the reductions in the performance of a question.

(e) to have the corresponding equality plan, in the case of legal businesses forced conventionally or their implementation, in accordance with article 45 of the organic law 3 / 2007 , 22 march, on effective equality between women and men.

The requirement provided for in the previous paragraph means complied with the compulsory registration in registry in accordance with article 11 the royal decree 901 / 2020 , 13 in october, which governs the equality plans and registration and modifies the royal decree 713 / 2010 , 28 may, on the registration of and deposit of collective bargaining agreements and conventions.

Features of the contract

Contracts may be made for an indefinite time, full-time, part-time or fixed discontinuous.

In writing will be formalised in the model that provides for the public employment service Estatal..

Incentives

In the first year of operation of this royal decreto-ley, open-ended contracts held with young people under 30 years with low-skilled, are beneficiaries of the national Youth Guarantee, will be entitled to a bonus in the price, in terms of article 10 , 275 euros/month, for three years.

The Government may be extended for successive years, the measure envisaged when permitted by the resources of the operational programme for Youth Employment in force at the time.

Other features

In the bonuses of indefinite hiring practices, including the transformation of contracts in the cases envisaged in this rule, and by the incorporation, indefinitely, as people working or partners in cooperatives and employment societies, the beneficiary must keep the person recipient of these measures in situations of high, or assimilated to high with an obligation to contribute, in the system of Social security, at least three years from the date of the contract, transformation or incorporation preferential interest rates. This obligation applies in the circumstances and the terms of this subparagraph when enjoy subsidies under article 1 . 2 .

For the purposes of fulfilling the obligations of maintaining the situation of high, or assimilated to high, in the corresponding Social security system will not be considered extinctions of contracts of employment for objective reasons, or by punitive dismissals that have not been declared or recognized as inappropriate, collective redundancies that have not been found not adjusted to law, as well as extinctions caused by resignation, retirement, death or permanent total incapacity, absolute or major disability for working people, or by a decision of the probationary period. It will not be taken into account the extinction of contracts of employment due to retirement, death or permanent total incapacity, absolute or major disability the employer, by expiry of the agreed time limit in case of training contracts or time-bound discounted this rule, or by the end of the appeal to women who work with fijo-discontinuo contract, as well as in the case of subrogaciones, by the legal reasons stipulated. Would also be excluded extinctions of contracts to people with disabilities special employment centres so to provide its services in special employment centres to the company was taken by show of hands.

The failure to meet the obligations of the high maintenance, or assimilated to the situation with an obligation to contribute, in the system of Social security, as provided for in this article, shall decide on the loss of the corresponding benefits, with implementation of article 13 .

Legislation

  • First of the additional provision Decreto-ley Real 1/2023, 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.

Requirements of the individual worker

Indefinite contracts or the person as a partner in the cooperatives or labour society of persons to develop practical training in business by the company where, either to the completion or during the development of the same.

Requirements of the company

a) not having been declared ineligible for public subsidies and grants and to enjoy the benefits and tax incentives or Social security, in accordance with article 33 . 7 .f) act 10 / 1995 , 23 november, of the criminal code.

(b) about the benefits in Social security contributions, not having been excluded from access to grants, subsidies, bonuses and benefits derived from the implementation of employment or training for employment, by the commission of serious violations or very serious not prescribed, in accordance with articles 46 and 46 bis of the consolidated text of the law on offences and penalties in the field of employment, approved by the royal Legislative Decree 5 / 2000 , 4 august.

Similarly, in respect of public subsidies, not having been excluded from access to the benefits derived from the implementation of programmes for employment by the commission of serious violations or very serious not prescribed, in accordance with articles 62 and 63 the law 38 / 2003 , 17 november, General subsidies.

(c) Be aware in fulfilling their obligations.

In the case in question of benefits in Social security contributions, date must be aware in fulfilling these obligations will be one in which it shall be communicated to the General treasury of Social security benefits of the individual worker or variation of corresponding data on the assumption that the start of the right to payment of contributions would not occur as a result of the high.

To be regarded as fulfilled the requirement to be found in the current tax liabilities for the duration of the benefits, as well as for access to new benefits, it is deemed to certificates issued by telematics by the competent body will have a period of validity of six months since its issuance, the accredited to the above requirement during the whole of this period, regardless of the tax status which will find the company between the date referred to in the preceding paragraph and the expiration of the validity of six months. This period of validity will be extended for another six months since verified within each of those deadlines, the status of being informed in the fulfilment of tax obligations for access to new benefits.

(d) Be aware in fulfilling their obligations with Social security in connection with the accession by assessments and joint fund-raising concepts as well as any other remedy Social security that is subject to the collection management of Social security, in the terms and conditions set out in article 20 the consolidated text of the General law on Social security, adopted by royal Legislative Decree 8 / 2015 , 30 october, and its regulatory development, except as otherwise legally the waiver of any of those paragraphs of this article.

In the case of benefits to the assessments of Social security, if during the period of their realization went down in article 20 . 3 the consolidated text of the General law on Social security, there will be automatic loss of profits regulated in the present rule, for a period not placed in time, unless they are due to errors of the administration, taking into account the said period as used for calculating the maximum enjoyment of such benefits. The automatic loss of benefits would be implemented only with regard to persons working in the existence of the circumstances described in article 20 . 3 the consolidated text of the General law on Social security in the framework of the liquidation of assessments carried out in the system of direct settlement referred to in article 22 the said act.

To that end, they mean that companies are not aware on compliance with the requirement referred to in this sub-paragraph (d) when the high of the individual worker has been communicated by the company to the General treasury of Social security in point after the conclusion of the time of submission of the corresponding liquidation quotas or, if any, that in which it has made the last confirmed liquidation quotas, within the corresponding legally permissible period of presentation, should have been included for the first time the person affected worker with implementation of the reductions in the performance of a question.

(e) to have the corresponding equality plan, in the case of legal businesses forced conventionally or their implementation, in accordance with article 45 of the organic law 3 / 2007 , 22 march, on effective equality between women and men.

The requirement provided for in the previous paragraph means complied with the compulsory registration in registry in accordance with article 11 the royal decree 901 / 2020 , 13 in october, which governs the equality plans and registration and modifies the royal decree 713 / 2010 , 28 may, on the registration of and deposit of collective bargaining agreements and conventions.

Features of the contract

Contracts may be made for an indefinite time, full-time, part-time or fixed discontinuous.

In writing will be formalised in the model that provides for the public employment service Estatal..

Incentives

Indefinite hiring by the company is developing practical training entitled to a bonus 138 €/month for 3 years of age or the whole contract in case of recruiting a person with disabilities (Art. 25 the royal Decreto-ley 1 / 2023 , 10 january).

Indefinite contracts or the person as a partner in the cooperatives or labour society of persons to develop practical training in business by the company where, either to the completion or during the development of the same.

In the case of incorporation as a partner in the cooperative, the bonus - only applies when the entity has opted for a Social security system of working people in employment.

Other features

In the bonuses of indefinite hiring practices, including the transformation of contracts in the cases envisaged in this rule, and by the incorporation, indefinitely, as people working or partners in cooperatives and employment societies, the beneficiary must keep the person recipient of these measures in situations of high, or assimilated to high with an obligation to contribute, in the system of Social security, at least three years from the date of the contract, transformation or incorporation preferential interest rates. This obligation applies in the circumstances and the terms of this subparagraph when enjoy subsidies under article 1 . 2 .

For the purposes of fulfilling the obligations of maintaining the situation of high, or assimilated to high, in the corresponding Social security system will not be considered extinctions of contracts of employment for objective reasons, or by punitive dismissals that have not been declared or recognized as inappropriate, collective redundancies that have not been found not adjusted to law, as well as extinctions caused by resignation, retirement, death or permanent total incapacity, absolute or major disability for working people, or by a decision of the probationary period. It will not be taken into account the extinction of contracts of employment due to retirement, death or permanent total incapacity, absolute or major disability the employer, by expiry of the agreed time limit in case of training contracts or time-bound discounted this rule, or by the end of the appeal to women who work with fijo-discontinuo contract, as well as in the case of subrogaciones, by the legal reasons stipulated. Would also be excluded extinctions of contracts to people with disabilities special employment centres so to provide its services in special employment centres to the company was taken by show of hands.

The failure to meet the obligations of the high maintenance, or assimilated to the situation with an obligation to contribute, in the system of Social security, as provided for in this article, shall decide on the loss of the corresponding benefits, with implementation of article 13 .

Legislation

  • Law 5/2011, 29 march on the Social economy.
  • Article 25 of Decreto-ley Real 1/2023, 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.

Requirements for working people

People unemployed workers over 50 and two years, registered in the public employment service, who are beneficiaries of any of the subsidies under article 274 the consolidated text of the general law on Social security benefit or unemployment for casual workers persons included in the Agricultural Special Social security.

The implementation of this measure shall be voluntary.

The working person will not have relatives by consanguinity or affinity to the second degree including with the employer or with whom holds jobs or are members of the organs of administration of societies, as well as in recruitment occurring with the latter.

Characteristics of the contract

The contract will be full-time and indefinitely.

In writing will be formalised in the model that provides for the public employment service.

Requirements of the company

There will be able to implement this measure if contracts are involved insertion

There will be able to implement this measure if contracts are involved insertion or subsidized by the public employment service State under the Agricultural promotion of employment, or where recruitment is made by:

  • Companies having authorized dossier in employment regulations at the time of recruitment.
  • Enterprises in which the unemployed person receiving the subsidy for unemployment has worked in the last twelve months, except in the case of contracts with casual workers are included in the Agricultural Special Social security.

Incentives

The aid will be able to receive the clients and companies that hire are as follows:

Monthly subscription to the workers of the person 50 per cent of the grant, for the duration of the contract, with the ceiling of twice the pending receipt of the grant and without prejudice to the implementation of the causes of Termination of the right provided for in the letters a), (e), (f) and (g) and article 272 the consolidated text of the General law on Social security.

Subscribing to the individual workers, in a lump sum of three months of the amount of subsidy if the work he has given rise to the compatibility obliges the person entitled to change their normal place of residence.

Bonus that are necessary in case of indefinite contracts if they meet the requirements of the law 43 / 2006 of 29 december (BOE 30 december) or of the royal Decreto-ley 8 / 2019 , i.e. whether the individual worker is included in any of the following target groups: disabled person; individual social exclusion; victims of gender-based violence, domestic violence, terrorism and trafficking in human beings; or 8 the royal Decreto-ley 8 / 2019 , 8 march (official gazette of spain 12 march), i.e., be a long-term unemployed.

Monthly referred to in subparagraph ( 1 previous person shall be the operator of benefits for the time stipulated in paragraph 125, discounting the period of three months of a grant of aid to the intended geographical mobility ( 2 previous equivalent to six months to subscribers of the grant in the regime of compatibility indicated.

The employer during this time, will have fulfilled the obligation of the payment of wages that corresponds to the individual workers, completing the amount shall be received by the worker to the amount of that salary, is also responsible for the Social security contributions for all contingencies and the total salary, including indicated the amount of the allowance. In the case of casual persons included in the Special Regime For agriculture, the employer shall be responsible for the allowance for days by real REASS contingencies.

Legislation

  • Transitional provision of the fifth Law 45/2002, 12 december, on urgent measures to reform of the unemployment protection and improvement of fosters employability.
  • Law 43/2006, 29 december, to improved growth and employment.
  • Decreto-ley Real 1/2023, 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.

Requirements of the individual worker

Working person who has been engaged in an agency with a training contract (work-linked training or training for professional practice) to provide services in the company and uninterrupted in scheduling of this contract.

Requirements of the company

a) not having been declared ineligible for public subsidies and grants and to enjoy the benefits and tax incentives or Social security, in accordance with article 33 . 7 .f) act 10 / 1995 , 23 november, of the criminal code.

(b) about the benefits in Social security contributions, not having been excluded from access to grants, subsidies, bonuses and benefits derived from the implementation of employment or training for employment, by the commission of serious violations or very serious not prescribed, in accordance with articles 46 and 46 bis of the consolidated text of the law on offences and penalties in the field of employment, approved by the royal Legislative Decree 5 / 2000 , 4 august.

Similarly, in respect of public subsidies, not having been excluded from access to the benefits derived from the implementation of programmes for employment by the commission of serious violations or very serious not prescribed, in accordance with articles 62 and 63 the law 38 / 2003 , 17 november, General subsidies.

(c) Be aware in fulfilling their obligations.

In the case in question of benefits in Social security contributions, date must be aware in fulfilling these obligations will be one in which it shall be communicated to the General treasury of Social security benefits of the individual worker or variation of corresponding data on the assumption that the start of the right to payment of contributions would not occur as a result of the high.

To be regarded as fulfilled the requirement to be found in the current tax liabilities for the duration of the benefits, as well as for access to new benefits, it is deemed to certificates issued by telematics by the competent body will have a period of validity of six months since its issuance, the accredited to the above requirement during the whole of this period, regardless of the tax status which will find the company between the date referred to in the preceding paragraph and the expiration of the validity of six months. This period of validity will be extended for another six months since verified within each of those deadlines, the status of being informed in the fulfilment of tax obligations for access to new benefits.

(d) Be aware in fulfilling their obligations with Social security in connection with the accession by assessments and joint fund-raising concepts as well as any other remedy Social security that is subject to the collection management of Social security, in the terms and conditions set out in article 20 the consolidated text of the General law on Social security, adopted by royal Legislative Decree 8 / 2015 , 30 october, and its regulatory development, except as otherwise legally the waiver of any of those paragraphs of this article.

In the case of benefits to the assessments of Social security, if during the period of their realization went down in article 20 . 3 the consolidated text of the General law on Social security, there will be automatic loss of profits regulated in the present rule, for a period not placed in time, unless they are due to errors of the administration, taking into account the said period as used for calculating the maximum enjoyment of such benefits. The automatic loss of benefits would be implemented only with regard to persons working in the existence of the circumstances described in article 20 . 3 the consolidated text of the General law on Social security in the framework of the liquidation of assessments carried out in the system of direct settlement referred to in article 22 the said act.

To that end, they mean that companies are not aware on compliance with the requirement referred to in this sub-paragraph (d) when the high of the individual worker has been communicated by the company to the General treasury of Social security in point after the conclusion of the time of submission of the corresponding liquidation quotas or, if any, that in which it has made the last confirmed liquidation quotas, within the corresponding legally permissible period of presentation, should have been included for the first time the person affected worker with implementation of the reductions in the performance of a question.

(e) to have the corresponding equality plan, in the case of legal businesses forced conventionally or their implementation, in accordance with article 45 of the organic law 3 / 2007 , 22 march, on effective equality between women and men.

The requirement provided for in the previous paragraph means complied with the compulsory registration in registry in accordance with article 11 the royal decree 901 / 2020 , 13 in october, which governs the equality plans and registration and modifies the royal decree 713 / 2010 , 28 may, on the registration of and deposit of collective bargaining agreements and conventions.

Features of the contract

The contract will be full-time and indefinitely.

In writing will be formalised in the model that provides for the public employment service.

Incentives

On the assumption that the individual worker has been engaged in an agency with a training contract (work-linked training or training for professional practice) to provide services in the company and uninterrupted in scheduling of this contract, the company shall be entitled to the bonus in price established in the Art. 24 the royal Decreto-ley 1 / 2023 , 10 january, with the following amounts:

Men: 128 eur/month.

Women: 147 eur/month.

Duration: 3 years.

Validity: Indefinite.

Legislation

  • Decreto-ley Real 1/2023, 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.

Definition

Is considered special employment relationship of the service of the family home to arranging the owner, as an individual employer and employee dependientemente and that by that provides services paid in the area of the family home.

Characteristics of the contract

Employers may employ people workers directly or through public employment services or employment agencies duly authorized, with full guarantee of the principle of equality and non-discrimination.

The form of labour contract shall observe foreseen by the workers' statute.

The contract can be dealt with

  • .
  • In writing.

Unless proved otherwise, in the absence of the covenant writing, the employment contract is concluded by presumed indefinitely and full-time.

Either party may demand that the contract was confirmed in writing, even in the course of the employment relationship.

The person female employee must receive information on the essential elements of the contract and the main conditions for the execution of the employment benefits if they do not appear in the contract concluded in writing, in accordance with the royal decree 1659 / 1998 , 24 july, which develops article 8 ( 5 of the act on the status of workers in the field of information to the worker on the essential elements of the contract of employment.

In addition to the ends referred to in article 2 . 2 the royal decree 1659 / 1998 , 24 july, such information should include:

a) wage benefits in kind, when agreed its existence.

(b) the duration and distribution of the times of presence agreed, as well as the system of payment or compensation.

(c) the regime of the person pernoctas domestic worker in the family home, in his case.

In accordance with the additional provision third, the ministry of labour and Social Economy made available to persons employers model contracts, as well as the information necessary to implement this article.

Termination of the agreement

1 . The employment relationship of special character of the service of the family home may be terminated on grounds laid down in article 49 . 1 of the workers' statute, to apply the common labour legislation, unless otherwise incompatible with the peculiarities arising from the special nature of this relationship.

2 . Disciplinary dismissal, by written notification, for the reasons set forth in the workers' statute.

3 . Without limiting the foregoing, the employment relationship of special character may be terminated by one of the following cases, provided that they are justified:

a) decrease in income of the family unit or an increase of expenditures by circumstance illegality generally occurs.

(b) substantial modifications to the needs of the family unit to justify to remove the individual worker.

c) El comportamiento de la persona trabajadora que fundamente de manera razonable y proporcionada la pérdida de confianza de la persona empleadora.

The extinction by these cases will occur under this subparagraph.

The decision to terminate your agreement shall be communicated in writing to the person employed from home, which must include clear and unambiguous manner the will of the person of employer terminated the employment relationship for adopting this decision.

Simultaneously with the communication of extinction, the person an employer shall make available to the individual worker compensation, in amounts equivalent to salary for twelve days per year of service with the limit of six months.

In the case that the provision of services had exceeded the duration of one year, the person must give an employer notice period whose duration, computed from that shall be communicated to the individual worker decision, shall be at least twenty days. In other instances the notice will be seven days.

During the period of notice, the person that performs services full time shall be entitled, without loss of payment, to leave of six hours per week in order to find new employment.

The person an employer may replace the notice by compensation equivalent to the salaries of the said period.

4 . Of breached the requirements of the written form of communication or to provide to the compensation referred to in the preceding subparagraph shall be presumed that the person an employer has opted for the implementation of the regime extintivo of dismissal regulated in the workers' statute.

This presumption would not be applicable for non-granting of notice or forgivable error in the calculation of compensation, without prejudice to the obligation of the person an employer to pay the wages for the said period or the payment of compensation in the right amount.

5 The decision to terminate may not be carried out with respect to the employee or employee domestic between seventeen hours and eight hours of the following day, unless the extinction of the contract is motivated by severe negligence to the duties of loyalty and trust.

6 . In accordance with the additional provision third, the ministry of labour and Social Economy made available to employers models and information for proper notice of termination of employment contract with the successful people.

Incentives

Persons who have contracted or hire contract modality by any person to a worker to service the home and give it up in the General Social security system shall be entitled to a reduction of 20 % in the corporate contribution to the Social insurance payments for common contingencies for the special system for Employees of household to the said regime.

They shall also have the right to a bonus of 80 per cent in the business input to the contribution for unemployment and Wage guarantee fund in this Special System.

Those employers that contained in the General Social security system working on a person in the service of home, would be able to apply throughout the situation of high in such a regime, to a bonus of 45 by 100 or 30 by 100 in the corporate contribution to the contribution to the special system, provided that certain requirements of heritage and/or rent. This bonus will enter into force when it develops Rules, the deadline for this regulatory development concludes 1 april 2024 .

The reduction of 20 % will be extended with a bonus to 45 per cent for large families where the employees of household serve exclusively and that ascendants or parent, in the case of single-parent family to exercise a professional activity employed or self-employed outside the home and is incapacitated for work.

These bonuses will only be applicable in respect of a single person in a domestic worker high in the General Social security system employing for every person. If there were more than one person in a domestic worker high in such a regime for every person an employer, the bonus shall be applicable only in respect of the one that appears on high in the first place.

Legislation

  • Decreto-ley Real 16/2022, 6 september, for the improvement of working conditions and Social Security for working people in the service of the household.
  • Royal Decree 1620/2011, 14 november, which regulates the employment relationship of special character of the service of the family home.
  • Eleventh final provision of Law 11/2023, of May 8, on the transposition of European Union Directives on the accessibility of certain products and services, migration of highly qualified people, taxation and digitization of notarial and registry actions; and by which Law 12/2011, of May 27, on civil liability for nuclear damage or damage caused by radioactive materials is modified.

Requirements for working people

Be workers with disabilities with a level equal to 33 % recognized as such by the competent body, or pensioners of Social security that have recognized a permanent disability pension in the level of total, absolute or major disability pensioners, or pensioners who have recognized a retirement pension or retirement permanent incapacity for duty or futility.

The individual worker shall have signed and in effect a temporary contract for the promotion of employment or a training contract (or practices for the training and learning). The temporary contracts of employment promotion can be converted into undefined with bonus at any time of the plan. Training contracts for incentive will automatically become undefined to finalize its initial duration or extended.

Requirements of the company

Be aware in the discharge of their fiscal obligations and in the face of Social security.

Not having been excluded from access to the benefits derived from the implementation of employment programmes, as set out in article 46 the royal legislative decree 5 / 2000 , 4 august (official gazette of spain 8 august), which approves the consolidated text of the act on infractions and sanctions in the social order.

Incentives

In the case of the transformation of the temporary contract of employment promotion for persons with disabilities: subsidy as provided for in royal decree 818 / 2021 , 28 september.

If the contract is concluded full-time, the employer shall have the right to the following bonuses:

Workers without severe disabilities Men Women
Under 45 years 4 . 500 €/year 5 . 350 €/year
Over 45 years 5 . 700 €/year 5 . 700 €/year
Workers with severe disabilities Men Women
Under 45 years 5 . 100 €/year 5 . 950 €/year
Over 45 years 6 . 300 €/year 6 . 300 €/year

If the recruitment is made part-time, the amount of bonus up to the provisions of article 10 del RD Act 1 / 2023 , 10 january.

Funding for adaptation, including physical universal accessibility, sen soria l, learning and communication, and appropriate measures in accordance with the needs of each specific situation, except that these measures ensure an excessive burden for the club, as well as the provision of means of personal protection and elimination of architectural barriers, will have a maximum amount of 1 . 800 euros per person disabled worker contracted during the period minimum established by each state employment service, and in no event exceed the real cost, in fact, warranted by the adaptation, size or elimination.

A deduction for the full assessment of the amount 9 . 000 euros per person/year of average increase in the staffing establishment of workers with disabilities on an equal degree or higher than 33 per cent and below 65 % employed by the taxpayer, experienced during the period of taxation, with regard to the workforce of workers of the same nature in the immediate period ahead.

A deduction for the full assessment of the amount 12 . 000 euros per person/year of average increase in the staffing establishment of workers with disabilities on an equal degree or higher than 65 % employed by the taxpayer, experienced during the period of taxation, with regard to the workforce of workers of the same nature in the immediate period ahead.

Legislation

  • Law 43/2006, 29 december, to improved growth and employment.
  • Law 27/2014, 27 november, corporate tax base.
  • Royal Legislative Decree 1/2013, 29 november, which adopted the consolidated text of the General law on rights of persons with disabilities and their social inclusion.
  • Royal Decree 818/2021, 28 september, which governs the activation programmes for the use of the national system of Employment.

Requirements of the individual worker

The individual worker shall have signed and a training contract (work-linked training and formative for obtaining professional practice), programme or the transformation in contracts fijos-discontinuos temporary work contracts signed with people employed in agriculture

Training contracts to finalize its initial duration or extended, can be converted into with indefinite; the bonus programme, whatever the time of conclusion, can be converted into with indefinite bonus at any time during its term.

The working person will not have relatives by consanguinity or affinity to the second degree including with the employer or with whom holds jobs or are members of the organs of administration of societies, as well as in recruitment occurring with the latter. Shall not apply this exclusion when the employer is a self-employed workers without and transform the contract in the case of a family only under the age of forty-five years who do not live at home or he is responsible, or in the case of the children of the self-employed under 30 years working with him, whether or not there.

Requirements of the company

May be beneficiaries of bonuses as contained in the following subparagraph, companies, including self-employment and societies or cooperatives, provided that the latter have opted for a Social security system of self-employed workers.

Be aware in the discharge of their fiscal obligations and in the face of Social security.

Not having been excluded from access to the benefits derived from the implementation of employment programmes, as set out in article 46 the royal legislative decree 5 / 2000 , 4 august (official gazette of spain 8 august), which approves the consolidated text of the act on infractions and sanctions in the social order.

Incentives

The transformation in indefinite training contracts (contract for the work-linked training and Training Contract for the professional practice) to finalize its initial duration or extended, whatever the timing, entitled to a bonus in price.

Amount:

  • Men: 128 eur/month.
  • Women: 147 eur/month.
  • Duration: 3 years.
  • Validity: Indefinite.

The transformation in contracts of indefinite relay, whatever the timing, entitled to a bonus in price.

Amount:

  • Men: 55 Eur/month.
  • Women: 73 eur/month.
  • Duration: 3 years.
  • Validity: Indefinite.

The transformation in contracts fijos-discontinuos temporary work contracts signed with people employed in agriculture.

  • The transformation of temporary contracts in the contract indefinitely fijo-discontinuo governed by article 16 the consolidated text of the law of the workers' statute, will, to a bonus in the performance, when the aforementioned transformation appropriate temporary contracts signed with people employed in agriculture included in the special system for employees Of individual farmers.

The implementation of the bonuses will be limited to the transformations of temporary contracts in the contract indefinitely fijo-discontinuo made during the first two years after the entry into force of this royal decreto-ley.

Legislation

  • Decreto-ley Real 1/2023, 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.

Definition

Celebrated with a group of workers found in its entirety.

Characteristics of the contract

The entrepreneur shall not compared to each of its members the rights and duties as such its purview.

The group leader parti representation of the members, responding the obligations inherent in such representation.

The contract may be verbal or written.

Its duration may be indefinite.

Rules

Definition

Considered top management staff to working people exercising powers inherent in legal title of the company, and those related to the general objectives of the same with autonomy and full responsibility only limited by the criteria and direct instructions emanating from the person or of the higher echelons of government and administration of the entity that respectively address that title.

Characteristics of the contract

Will be formalized in writing, in exemplary doubled, one for each contracting party. In the absence of the covenant writing, the person employed is personal de alta dirección when cases of article 8 . 1 . of the statute of workers and ensuring appropriate professional that defines the article 1 . 2 the royal decree. 1382 / 1985 , 1 august, which regulates the employment relationship of special character of upper management.

Shall be conducted a trial period in no case exceed nine months, if its duration is undefined.

The trial period has expired without having had discontinuance, the contract will produce its full effects objector liable, the time of the services provided in the age of the worker in the company.

The contract will have the time the parties agree.

The day, timetables, parties and permits, as well as for holidays, shall be set in the terms of the contract, insofar as they do not configure allowances provided by the employee who exceed notoriously of those that are often in the field.

Legislation

  • Royal Decree 1382/1985, 1 august, which regulates the employment relationship of special character of upper management.

Catalog of publications of the General State Administration

http://publicacionesoficiales.boe.es

Edition done by the public employment service State
Countess of Venadito, 9 . 28027 Madrid

NIPO: 120-23-008-7

Updated to September 2023