Electronic

Temporary Contract

Index of Contents

  1. Temporary contract

  2. Specific provisions of the contract by circumstances of production

  3. Specific provisions of the temporary contract of replacement of individual workers

  4. Specific provisions of the contract length of substitution to substitute employees in training for workers receiving unemployment benefits

  5. Specific provisions of the contract length of substitution for replacement workers during periods of birth, adoption, foster care, risk during pregnancy, risk during breastfeeding or suspension of parental leave, exercise jointly responsible of custody of the child or minor baby

  6. Specific provisions of the contract length of substitution to replace low for temporary disability of persons with disabilities

  7. Specific provisions of the contract length of substitution to replace workers who are victims of gender violence or sexual violence

  8. Specific provisions of the fixed-term contract for temporary workers in a situation of social exclusion by integration enterprises

  9. Specific clauses of the temporary employment promotion contract for workers in situations of social exclusion in insertion companies

  10. Specific provisions of the temporary contract workers for people over 50 years and two of the recipients of unemployment benefits

  11. Specific provisions of the temporary contract of partial retirement situation

  12. Specific provisions of the temporary contract of relay

  13. Specific provisions of the contract relating to activation programmes for employment

  14. Specific provisions of the temporary contract of service of the family home

  15. Specific provisions of the temporary contract of persons with disabilities

  16. Specific provisions of the temporary contract of persons with disabilities in special employment centres

  17. Specific provisions of the temporary contract of access of staff doctor investigator

  18. Staff received training in investigator

  19. Specific provisions of the temporary contract to prisoners in correctional institutions

  20. Specific provisions of the temporary contract of minors and young people, in juvenile centres under the measure of placement

  21. Specific provisions of the temporary contract groupware

  22. Specific provisions of the temporary contract management

  23. Other

  24. Specific provisions of the temporary contract of substitution to retirement age is reduced

Definition

The temporary contract, is that which is aimed at the establishment of an employment relationship between the company and the individual worker due time.

To understand that without just cause of temporary work will be necessary to specify precisely in the contract enabling the cause of the temporary recruitment, the specific circumstances justifying it and its connection to the intended duration.

The temporary employment contract shall be entered into full time or partial.

The temporary employment contract is signed in writing, may be oral if in the situation by circumstances of production, the duration of the same may be less than four weeks and full time.

Specific provisions

It may lead to situations exist:

From its procurement (by circumstances of the production, updating of employee or person temporary coverage of one post in the process of selection or promotion).

For its purpose of offering employment incentives (building temporary employment of persons with disabilities, persons over 50 workers and two years of the recipients of unemployment benefits.

By its specific role, as would be the case of the impetus to the research activity (access to the Spanish System of science, technology and innovation and received a personal or researcher training received).

There are also situations exist in the cases of people who have been convicted in penal institutions and in the case of children and juveniles in juvenile centres under the measure of confinement.

Temporary contracts or fixed duration 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 characteristics of the situation of the business, the worker, of the day or duration.

The unjustified use of temporary staff or breaches of obligations converts the indefinite temporary staff.

The successful people that in a period of 24 months were hired for a period exceeding 18 months, with or without any interruption, for the same or different job with the same company or group of companies, through two or more contracts by circumstances of the production, either directly or through the provision for temporary work agencies, will become fixed working people.

What is set out in the preceding paragraph also applies where there are cases of succession or business subrogation as provided for legal or conventionally.

Conclusion

Their formalization can be oral or written. Should be in writing, the contracts under the employment promotion programme and when required by law and, in any case, the contracts of relay, contracts for working people to work and the persons engaged in Spain in the service of spanish companies abroad. Equally shall be in writing contracts at a time periods exceeding four weeks. As well as the employment contracts for the 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.

Persons engaged in breach of article 15 of the workers' statute will become permanent.

Business will have to notify the legal representation for working people in business contracts in accordance with the contractual arrangements for specific time frame envisaged in the absence of regulatory legal obligation to deliver basic copy.

The content of the contract shall be communicated to the public employment service in the State of the 10 days of conclusion, as well as their prorrogas or not, should be formalized in writing.

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 distance working people in the contract shall bear the place in the provision.

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.

Legislation

  • Decreto-Ley Real 32/2021, 28 december, on urgent measures to labour reform, ensuring stability in employment and the transformation of the labour market.
  • Article 15 of Royal Legislative Decree 2/2015, 23 october, which adopted the consolidated text of the law of the workers' statute.
  • Decreto-ley Real 1/2023, 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.

Object

Circumstances of production:

A) the increase in casual and unpredictable swings and, even with regard to the normal activity of the company, introduce a temporary mismatch between stable employment available and required, provided that it does not respond to cases covered by article 16 . 1 .

Among the variations referred to in the preceding paragraph refers to including those arising from the annual leave.

When the contract length that responds to the circumstances of the production, its duration may not exceed six months. By collective Sectoral scope may be extended to the maximum duration of the contract up to one year. If the contract had entered into by less than the statutory maximum conventionally or established, may be extended, by agreement of the parties, only once, without the total duration of the contract may exceed the maximum duration.

(B) similarly, companies will be able to conclude contracts by circumstances of the production in order to meet occasional situations, predictable and that have a limited duration and delimited as provided in this paragraph. Companies may only use this contract to a maximum of ninety days in the calendar year, regardless of their jobs as may be necessary to meet in each of these days the concrete situations, which shall be duly identified in the contract. These ninety days shall not be used on an ongoing basis. Companies, in the last quarter of each year, should be transferred to legal representation for working people annual projected use of those contracts.

There can be identified as a cause of this contract the conduct of work in the context of contracts, contracts or concessions which constitute the habitual or ordinary activity of the company, without prejudice to the holding in the circumstances of production in the above terms.

Features of the contract

Shall be conducted full-time or part-time.

Will be formalized in writing.

The contract by circumstances of the production ceases upon complaint by any of the parties, from the expiration of the agreed time limit.

The completion of the contract, finally, the worker is entitled to compensation of twelve days' wages for one year of service.

Other features

Becomes undefined:

  • For lack of written form. In the case of part-time appointment, the lack of written form shall also determine that the contract was presumed held a full-time basis, unless proved otherwise attesting to the part-time nature of services.
  • For lack of access to Social security, if it had taken longer than the trial period.
  • If the term there had been any allegation of the parties and to continue with the provision of employment.
  • Persons engaged in breach of article 15 of the workers' statute will become permanent.

Legislation

  • Decree-law Real 1/2023, 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.
  • Decreto-Ley Real 32/2021, 28 december, on urgent measures to labour reform, ensuring stability in employment and the transformation of the labour market.
  • Article 15 of Royal Legislative Decree 2/2015, 23 october, which adopted the consolidated text of the law of the workers' statute.

Object

Replace working people with the right subject to the job, under rule, collective or individual agreement, or to cover a temporary job during the process of selection or promotion to its coverage.

Features of the contract

Due to full-time except in two instances:

a) when the person was hired workers replaced part-time or is temporarily filling a job for which final coverage will be part-time.

(b) when the contract will be made to complement the shorter working hours of workers exercise the right under article 37 ( 4 , 5 and 6 of the workers' statute, or those other cases in which, in accordance with the established legal or conventionally, agreeing on a temporary reduction of the day of the female worker replaced, as well as in cases where persons workers enjoy part-time parental leave, adoption or fostering, adoption or permanent.

When the contract will be made to temporarily fill a job during the process of selection or promotion for coverage, the final duration will be the duration of the process of selection or promotion for coverage correctional officers, who may exceed three months or be a new contract with the same object when the maximum duration.

When the contract shall be convened for the replacement of a person working reserve the right to work, always specified in the contract on behalf of the person replaced and the cause of replacement. In this instance, the provision of services may not begin before the absence of the person replaced, coinciding with the development of the functions the time necessary to ensure the proper discharge of the post and a maximum of fifteen days.

The contract must be made in writing, the identification of the individual worker replaced and the cause of substitution and, in his case, the job final whose coverage will occur after the selection process foreign or promotion.

The replacement contract shall terminate upon complaint by any party, when any of the following cases:

  1. The reinstatement of the individual worker replaced.
  2. The deadline established legal or conventionally to return.
  3. The Extinction of the case that gave rise to the reservation.
  4. The course of the period of three months in the processes of selection or promotion to the provision of jobs or term resulting from implementation of public authorities.

The replacement contracts that have established a legal or conventionally maximum and who have entered into by less than the same means tacitly extended, until the corresponding maximum duration, when there had not mediated complaint or extension expresses before their maturity and the worker should continue to provide services.

Other features

Becomes undefined, unless proved otherwise in respect of the temporary nature of the provision:

  • For lack of written form. In the case of part-time appointment, the lack of written form shall also determine that the contract was presumed held a full-time basis, unless proved otherwise attesting to the part-time nature of services.
  • For lack of access to Social security, if it had taken longer than the trial period.
  • If the term there had been any allegation of the parties and to continue with the provision of employment.

It shall be presumed to have been indefinitely in fraud.

Legislation

  • Decreto-Ley Real 32/2021, 28 december, on urgent measures to labour reform, ensuring stability in employment and the transformation of the labour market.
  • Article 15 of Royal Legislative Decree 2/2015, 23 october, which adopted the consolidated text of the law of the workers' statute.

Features

The general rules set out in “ temporary contract of replacement of individual worker ”, as follows:

  • They will be able to benefit from this programme all companies, whatever the size of its staff, to replace workers to people with unemployed persons in receipt of unemployment benefits during the time in which they become involved in the training, provided that such actions are financed by either public administrations.
  • The implementation of this programme will be compulsory for persons unemployed workers receiving unemployment benefits.

Incentives

The person unemployed worker hired shall receive contributory benefit or unemployment allowance entitled by the 50 per cent of the amount for the duration of the contract, with the ceiling of twice the pending receipt of benefit or subsidy.

The company, during the period of perception of the provision or allowance line, the working person the difference between the amount of benefit or unemployment allowance received by the individual worker's wages and assigned to them, is also responsible for the entirety of the Social security contributions for all contingencies and the total salary indicated, including the amount of benefit or unemployment benefit.

Companies must submit in the employment bureau a certificate issued by the public administration or entity is responsible for managing the training which certifies the participation of its workers in the training courses, as well as the length of the same.

Legislation

  • Decreto-Ley Real 32/2021, 28 december, on urgent measures to labour reform, ensuring stability in employment and the transformation of the labour market.
  • Transitional provision of the sixth Law 45/2002, 12 december, on urgent measures to reform of the unemployment protection and improvement of fosters employability.

Incentives

The general rules set out in “ replacement contract ”, as follows:

  • Will give the right to a bonus in the performance of 366 euros/month in the period in which over the replacement contract and the relevant provision.
  • Persons employed workers replaced by unemployed young people, 30 during the years i perceive economic benefits by birth and child care, exercise jointly responsible of custody of the child or minor baby, risk during pregnancy or risk during breastfeeding, through the replacement contracts.
  • Short-term contracts held with unemployed persons for replacement of self-employed persons, persons working partner or partners of cooperative societies.
  • Also, in the price of the partners workers or members of cooperative societies, replaced during the periods of birth and care of the child or exercise jointly responsible, the child or minor, baby, risk during pregnancy or risk during breastfeeding, through the replacement contracts concluded with bonus unemployed persons also lets you view a bonus of implementation 366 eur/month in the assessments of Social security for all concepts for partners in a Social security system of working people in employment.

Exclusions

The above-mentioned benefits will not be implemented in the following cases:

  • A) Recruitment affecting the spouse, ascendants, descendants and other relatives by consanguinity or affinity, to the second degree of entrepreneur or corporate control, with supervisory jobs or are members of the governing Bodies of the entities or companies to take the form of legal, as well as those that occurred with the latter.
  • (B) Recruitments undertaken with people working in the twelve months preceding the date of the person of working people in the corresponding Social security system had served in the same company or entity through a contract for an indefinite time, or in the past six months through a fixed-term contract or a training contract, whatever their form and duration of their journey.
  • (C) working people who have left office in the corresponding Social security system with an open-ended work contract to another employer within three months before the date of the high in the corresponding Social security system with the contract encouraged. This exclusion does not apply when the completion of the contract is for dismissal recognized or dismissed, or by redundancies.
  • (D) employers who have become extinct or extinct by dismissal recognized or subsequently dismissed or by collective redundancies incentivized contracts should be excluded for a period of twelve months of incentives for recruitment. This exclusion affects a number of contracts equal to that of extinctions. The exclusion period runs from the recognition or of the declaration of dismissal or refusal of extinction due to the redundancies.

Legislation

  • Decree-Law Real 32 / 2021 , 28 december, on urgent measures to labour reform, ensuring stability in employment and the transformation of the labour market.
  • Article 15 of Royal Legislative Decree 2/2015, 23 october, which adopted the consolidated text of the law of the workers' statute.
  • Royal Decree 2720/1998, 18 december, which develops article 15 of the statute of workers in terms of contracts.
  • Law 39/1999, 5 november, to promote the reconciliation of family life and their jobs.
  • Organization Act 3/2007, 22 march, on effective equality between women and men.
  • Decree-law Real 1/2023, 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.

Features of the contract

The general rules set out in “ temporary contract: specific Clauses interim ” with the following particulars:

Persons contracted workers must be persons with disabilities to replace unemployed people with disabilities that have suspended their employment contract for temporary disability during the period in which this situation persists.

Incentives

Will give the right to a bonus in the performance of 366 euros/month in the period in which over the replacement contract and the situation of temporary disability.

Legislation

  • Decree-Law Real 32 / 2021 , 28 december, on urgent measures to labour reform, ensuring stability in employment and the transformation of the labour market.
  • Decree-law Real 1 / 2023 , 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.

Features of the contract

The general rules set out in “ temporary contract: specific Clauses substitution ”.

Incentives

Companies that formalized replacement contracts to replace workers who are victims of gender violence or sexual violence that have suspended their employment contract or exercised their right to geographical mobility or change of place of work shall be entitled to a bonus of 100 per cent of contributions of business to Social security for common contingencies, throughout the period of suspension of the female worker replaced or for six months in the case for geographic mobility or change of workplace. When returning, it will be undertaken in the same conditions at the time of the suspension of an employment contract.

Legislation

  • Decree-Law Real 32 / 2021 , 28 december, on urgent measures to labour reform, ensuring stability in employment and the transformation of the labour market.
  • Organization Act 1 / 2004 , 28 in december on comprehensive protection measures against gender violence.
  • Additional Provision ninth) Decree-law 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

The successful people unemployed in a situation of social exclusion. Social exclusion be accredited by the competent social services and is determined by membership of any of the following groups:

A) Persons receiving 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) young people over the age of 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) detainees of penitentiaries whose prison 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 persons subject to carry out activities in prison labour and Social security benefits for persons subjected to penalties of community service, 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 business person or person holds jobs or are members of the organs of administration of societies, as well as recruitment occurring with the latter .La working person should not 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.

Excluded those 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).

Features of the contract

The contract of employment between enterprises and workers of social exclusion may be held by certain duration, in compliance with the contractual arrangements contained in the statute of workers and other applicable rules, without prejudice to the temporary duration necessarily had the itinerary of sociolaboral insertion.

The contracts under the aid may be carried out through temporary recruitment full-time or part-time, and in this case be the daily or weekly day of more than half of the day of the person whole time employee comparable.

Will be formalized in writing, as well as its extensions and changes in the model provided by the public employment service.

The contract necessarily incorporated into the relevant annex the expression of the obligations that parties to assume in the development of personal itinerary for the integration of specific measures to put into practice.

The finalization of the contract, the individual worker is entitled to the individual entrepreneurs obtain a certificate containing the duration of the services provided jobs performed, main tasks of each of them as well as adaptation to the same.

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 women who work 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.

The companies that have become extinct or terminated by dismissal 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.

Incentives

Each temporary contract will be entitled to a bonus of the company quota for Social security 70 , 83 euros/month for the whole contract.

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 the whole contract.

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.
  • 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

Unemployed working people registered in the employment office and who are in a situation of social exclusion. These situations are:

A) Persons receiving 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) young people over the age of 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) detainees of penitentiaries whose prison 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 persons subject to carry out activities in prison labour and Social security benefits for persons subjected to penalties of community service, 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 business person or person holds jobs or are members of the organs of administration of societies, as well as the recruitment complies with the latter. May not be contracted working people in the two years immediately preceding have provided services, at the same or different integration company under a contract of service, including the same, except that, in the event of failure of a prior process of integration or relapse in isolation, otherwise be considered by the competent Public Service in the light of the worker's personal circumstances.

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).

Requirements of the company

May not take temporarily people in a situation of social exclusion companies, 12 months prior to the recruitment, indefinite contracts have gone by dismissal recognized or subsequently dismissed or redundancies.

The exclusion period runs from the recognition or dismissal or refusal of extinction due to the redundancies.

Features of the contract

The contract will be:

  • In writing, in formal model.
  • The contract may concentrate for a minimum period of twelve months and maximum of three years. However, it may be held by shorter if, within the integration and previously agreed, are advised by the competent Public Social Services for the follow-up to the process of integration, and in no event that can be less than six months.
  • When they involve by less than the maximum, may be extended to achieve the maximum duration, with the minimum duration of each programme at least equal to the initial duration of the contract.
  • Extension not less than 12 months.

The contract can be dealt with in full or partial.

Incentives

Each temporary contract of employment promotion will entitle a bonus to the assessment of the Social security 70 , 83 euros per month during the whole contract.

In the case of contracts signed with minors 30 years or under 35 years triggers entitlement to a bonus of 147 euros per month during the whole contract or for three years in case of indefinite contracts.

Other features

The end of the contract, the individual worker is entitled to compensation of 12 days' wages per year of service.

Legislation

  • Article 15 of Law 44/2007, of December 13, for the regulation of the regime of integration companies.
  • Additional provision of the first Law 43/2006, 29 december, to improved growth and employment.
  • Provision of the twelfth addendum Law 27/2009, 30 december, urgent measures for the maintenance and employment promotion and protection of unemployed persons, amending article 15 the law 44 / 2007 , 13 december, for the regulation of the regime for integration enterprises.

Requirements for working people

People unemployed workers over 50 years enrolled 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 benefit for persons casual included in the special regime agricultural capacity of 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 company or with whom holds jobs or are members of the organs of administration of societies, as well as in recruitment occurring with the latter.

Requirements of the company

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 persons included in the Agricultural Special Social security.

Features of the contract

The contract will be full-time and temporarily, with a maximum duration of three months, except in the case of contracts with casual persons included in the Agricultural Special Social security.

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

Incentives

The aid may receive the beneficiaries of the grant and companies that hire are as follows:

1 ) Monthly people workers 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) of article 272 the consolidated text of the General law on Social security.

2 ) Ticket working person 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.

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 company, 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 individual worker until 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 temporary workers persons included in the special regime For agriculture, the company will 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 except paragraph 3.3., repealed by subparagraph (a) of the provision repeal Only Real Decreto-ley 20/2012, 13 july, of measures to ensure budgetary stability and competitiveness.
  • Law 43/2006, 29 december, to improved growth and employment.

Definition

It is the situation that gives rise to a contract of working part-time working with the person that enters into with your company a reduced working hours of work and of their salary from a minimum of a 25 % and a maximum of one 50 or 75 per cent in the cases in which the person is hired relevista working full time through a contract of indefinite duration, in the form of slack.

It also encompasses those cases covered by the fourth transitional provision no. 6 of the General law on Social security to the 31 - 12 - 2022 .

Requirements for working people

The individual worker get the partial retirement must be at least 60 years of age, minimum age will depend on:

  • If the scheme: 60 years of age.
  • If you do not have the status of the requirement of mutual this minimum age requirement will be implemented gradually since the year 2013 to 2027 according to the periods cotizados- from 33 years as well in cotizados- 2013 ; 61 years and one month, 2014 : 61 years 2 months, etc.

Access will be quoted periods:

  • 33 years of actual contributions.
  • 25 years, in the case of persons with disabilities in degree equal or exceed the 33 per cent.

They also call for a period of seniority in the company of at least, 6 years immediately preceding the date of the partial retirement.

Features of the contract

The implementation of this contract for part-time work and their pay will be compatible with the pension that Social security recognized working person for partial retirement extinguished, the employment relationship with the total retirement.

In order to engage in this contract partial retirement situation, in the case of working people who have not yet reached the age of retirement, the company shall hold simultaneous a contract with a working person unemployed or to take with a fixed-term contract, in order to replace the working day left vacant by the person who stops working part. This type of contract, which could be held to replace those workers who have been partially retired after having reached the retirement age, shall be referred to the contract of slack.

Legislation

Requirements for working people

This type of contract is concluded with a person registered as unemployed workers in Employment or office that had concluded with the company a fixed-term contract, to replace (soon) to the worker (now) the person for the enterprise that get the partial retirement. Be held simultaneously with part-time appointment to be in cahoots with the latter.

Features of the contract

The contract of relay will conform to the following rules:

a) be held with a person workers unemployed or to take with a fixed-term contract.

(b) except as established in the following two paragraphs, the duration of the contract up to be held as a result of a partial retirement will have to be indefinite or at least as missing while the person for workers replaced retirement age was taken by show of hands, as appropriate, as set out in the consolidated text of the General law on Social security. If, upon attaining that age, the person partially retired worker continued at the company, the contract of relay that had been held by fixed duration may be extended by agreement with the parties for annual periods, collapsing in any case at the end of the period for the year in the retirement of the total working person survey.

In the case in which, reducing working hours and pay could reach the 75 % if the contract of relay completed a full-time and for an unlimited duration, if the person workers complied with the requirements set out in the consolidated text of the General law on Social security, the contract up will have to reach at least a duration equal to that obtained by adding two years while it lacks the person for workers replaced retirement age was taken by show of hands, as appropriate, in accordance with the consolidated text of the General law on Social security. On the assumption that the contract was extinguished before reaching the minimum duration indicated, the company will be forced to enter into a new contract in the same terms of the extinct, for the remainder.
In the case the person partially retired worker after having reached the retirement age was taken by show of hands provided for in the consolidated text of the General law on Social security, the duration of the contract of relay that permit the holding of the company to replace the part-time left vacant by the same may be indefinite or annually. In this second case, the contract is extended automatically by annual periods, collapsing in any case at the end of the period for the year in the retirement of the total working person survey.

(c) Except in the case envisaged in the second paragraph of subparagraph (b), is to say that the contract is institutionalized indefinite and full time, the contract may be held over full time or part-time. In any case, the length of the working day shall be at least equal to the time agreed by the individual worker replaced. Working hours working person relevista be able to complete the person of the female worker or go hand in hand with him.

(d) The work of the person relevista worker may be the same of the individual worker replaced. In any case, should correspond to the foundations of both, as provided in the consolidated text of the General law on Social security.

(e) In collective bargaining is may establish measures to promote the conclusion of contracts of slack.
Incentives

The transformations of temporary contracts of indefinite wings can give rise to the bonus game. (See: Conversion of contracts ”. learning practices and to relay and replacement by anticipation of the retirement age bonus indefinite ”).

Other features

The basis of Social insurance payments and other contributions collected in conjunction with that shall be composed of the payments actually received over the role of the hours or days of worked..

Legislation

Public administrations and, where appropriate, non-profit entities can make contracts related to active employment policy programmes covered by this act with the people involved in such programmes. The duration of such contracts may not exceed twelve months and, in the case of procurement conducted by Public authorities, the selection processes shall uphold the principles of equality, merit and ability.

Exceptionally, and to 31 december 2024 it may carry out these contracts with the necessary expertise for the implementation of the programs listed in the preceding paragraph

Legislation

Definition

Is considered special employment relationship of the service of the family home to arranging the owner, as an employer or the employed person who dependientemente and on behalf of 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.
  • 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 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.

Unemployed people registered in the employment office.

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).

Features of the contract

The contract will be:

  • In writing, in formal model.
  • Duration of the twelve months and three years.
  • Extension not less than twelve months.

The contract can be dealt with in full or partial.

Requirements of the company

May not take temporarily to persons with disabilities companies that, in the last 12 months prior to recruitment, indefinite contracts have gone by dismissal recognized or subsequently dismissed or redundancies.

The exclusion period runs from the recognition or dismissal or refusal of extinction due to the redundancies.

Subsidies to be autonomous competition the requirement of compliance with requirement depends on each autonomous community, according to the Royal Decree 818 / 2021 .

Incentives

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

Women who work without severe disabilities Men Women
Under 45 years 3 . 500 €/year 4 . 100 €/year
Over 45 years 4 . 100 €/year 4 . 700 €/year
People with severe disabilities Men Women
Under 45 years 4 . 100 €/year 4 . 700 €/year
Over 45 years 4 . 700 €/year 5 . 300 €/year

A deduction for the full assessment of the amount 9 . 000 euros per person/year of average increase of employees with disabilities in a level equal to 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 employees with disabilities in a level equal to 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.

In the case of hiring time the bonus amounts will be reduced prorata depending on the established hours or in the contract.

Other features

The end of the person contract worker is entitled to compensation of twelve days' wages per year of service.

Possibility of obtaining the benefits under act 43 / 2006 , 29 september, by the transformation of indefinite temporary contract.

Legislation

  • Article 2 . 2 and additional provision 1 .ª of Law 43 / 2006 , 29 december, to improved growth and employment.
  • Law 27 / 2014 , 27 november, corporate tax base.
  • Decreto-ley Real 1 / 2023 ,of 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

Persons who, by providing its services to meet labour within the organization of special employment centres as defined in article 42 the law on Social integration of Disabled Persons:

  • Having recognized a disability in degree equal or exceed the 33 % and, as a result, a decrease of its ability to work at least equal to or greater than those,
  • Or are pensioners on Social security that have recognized a permanent disability pension in total, absolute or great invalidad,
  • Or are pensioners 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.

Characteristic of the contract

To conclude contracts special employment centres will be able to comply with any of the modalities of the fixed-term contained in the statute of workers and their implementing rules, with the exception of the contract of employment.

The alternating training contract shall comply with the provisions of Article 11 of the Workers' Statute and its implementing regulations, with the following peculiarities:

  • a) the maximum duration of the contract may be extended prior favourable report of the multi-professional Team when, because of the degree of disability and other personal circumstances and professionals working person, it had not reached the minimum level of knowledge required to perform the job, and under no circumstance could exceed six years.
  • (b) training Plan should be informed favourably by multi-professional Team.
  • (c) The global time for education will be able to reach more than two-thirds. Do not require the setting of time devoted to education when the contract is concluded with a person with psychological disabilities whose degree of disability does not enable him to develop them. When circumstances so require, the company may designate an individual worker to object to conduct monitoring and follow-up of workers with disabilities throughout the training process.
    If circumstances so require, the company may designate a worker in order to ensure the monitoring and follow-up to the workers with disabilities throughout the training process.
  • (d) with regard to Social security contributions, will apply the regime of bonuses or exemptions from contributions, in general or specific, more beneficial.
    The contract of employment contracts may be offered fixed-term under the provisions of article 15 of the workers' statute.

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) in no case can be made more than eight hours actually worked.
  • (b) prohibits the performance of overtime except those necessary to prevent or redress damage and casualties.
  • (c) 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 % of workers with disabilities and to request the corresponding qualification to the competent administration.

Special employment centres are companies whose main objective is to provide workers with disability as a productive and remunerative work appropriate to their personal characteristics and to facilitate the integration into the 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.

Incentives

The aid can receive are as follows:

1 . Subsidies in R.D. 818 / 2021 of 28 september, which governs the activation programmes for the use of the national system of Employment.

2 Bonus. 100 per cent of the company quota to Social security, including those of accidents and occupational disease and contributions of joint fund-raising.

Special employment centres may receive technical assistance to the maintenance of jobs, and may be granted ex parte or ex officio in the applicant's record so request.

3 . The Enabling units in the Professional Activity (R.D. 469 / 2006 , 21 april).

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 disabled workers of these 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 individual workers, 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 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 the review teams observed that the Multiprofesionales work (soon) the worker (now) the individual worker is a serious risk to their health, must declare the inadequacy of the same must move in that case the person to return back to another position appropriate to their characteristics within the Centre and this is not possible to cease in the delivery of services, in the conditions laid down in article 16 .

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 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 Disabled.
  • Agenda 16 october 1998 establishing the regulatory basis for granting aid and subsidies aimed at promoting the integration of disabled people in special centres for employment and self-employment.
  • 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.

Requirements for working people

Being in possession of the title of Doctor or Doctor.

Requirements of the company

These contracts will be able to celebrate the research bodies of public administrations, public universities when they are receiving funds whose fate include the recruitment of staff researcher or for the development of their own programmes of r + D + i, private universities and the catholic church when destined them funds include the recruitment of staff investigator, not-for-profit private entities carry out work in r & D activities in the terms of the additional provision 1 A law 14 / 2011 , 1 june, of science, technology and innovation, Consortia and Public Foundations of the public sector in terms of the provision adicioanl 1 A law 14 / 2011 , 1 june, of science, technology and innovation and other agencies of investigation when A.G.E. research activity and are the beneficiaries of grants and subsidies that include the recruitment of staff investigator.

Features of the contract

The purpose of the contract will be primarily the responsibility for undertaking research, development, transfer of knowledge and innovation-oriented research by a high level of sophistication and professional specialization, leading to the consolidation of a professional experience.

The contract shall be fixed-term and full-time.

The duration of the contract will be at least three years, and may be extended to the maximum limit of six years. The extensions may not be less than a year.

No person employee may be contracted through this modality, at the same or different entity, for a while longer than six years, including possible extensions, except in the case of persons with disabilities for workers, where time may not exceed eight years.

The return of these researchers may not be less than that applicable to staff investigator to perform similar activities.
These staff investigator will be able to provide complementary partnerships in teaching associated with the proposed research up 100 annual hours.

Legislation

  • Article 22 of the Law 14 / 2011 , 1 june, of science, technology and innovation.

Requirements for working people

Being in possession of the degree of master architect, engineering, university graduate with level of at least 300 credits ECTST ((European Credit Transfer System), or master's degree, or equivalent and have been admitted to a phd degree. These staff will be regarded as a researcher staff received training.

Features of the contract

The contract will be formalized in writing between staff received training in research as a worker and the public university or investigative agency holder research unit as an employer and should be accompanied by written of admission to a phd programme issued by the unit responsible for this programme, or by the school of postgraduate master's degree or in his case.

The contract shall be fixed-term full-time.

The duration of the contract may not be less than one year or more than four years. When completed by less than four years may be extended thereafter under no circumstance extensions may have less than a year.

In any case the original contract more extensions may not exceed four years.

In the case of persons with disabilities on the contract may achieve a maximum duration of six years, prorrogas included, taking into account the characteristics of the research activity and the impact of the extent of limitations in the development of the activity, prior favourable report of the public employment service, that these effects may seek report of the technical teams of valuation and guidance of disability organizations.

When the contract is extended, and the individual worker will continue to develop the activities subject to the same, shall be extended automatically, unless the evaluation report unfavorable motivated issued by the commission's academic phd programme, or if any of the school, until they complete their maximum duration.

The staff received training in investigator may not be recruited through this modality, at the same or different entity, by detention beyond the maximum extent of four or six years in certain cases.

Without prejudice in the paragraphs above, on the assumption that, having been recruited as the worker under this modality, long time to the maximum of four years, or six in the case of persons with disabilities, is less than one year, may be concluded the contract, or its extension, for the time is up to the maximum amount established in every case.

The situations of temporary incapacity, risk during pregnancy or risk during breastfeeding, maternity, adoption, custody for adoption or fostering and paternity leave, suspended the computation of the contract period. We also suspended the conditions set out in article 45 . 1 .n) of the consolidated text of the law of the workers' statute, as a measure of protection of women victims of gender-based violence.

The remuneration of this contract may not be less than the 56 by 100 set for wage categories equivalents in the collective agreements of its scope of application during the first two years, 60 by 100 during the third year, and 75 by 100 during the fourth year. Nor can it be less than the minimum wage is established each year, according to article 27 the consolidated text of the law of the workers' statute.

For the establishment of the previous payments will be used as minimum reference category for the Working Group 1 employment of staff of the wage table contained in the convention Only with labour of the General state administration.

Incentives

The recruitment of staff investigator in the form of contract law, shall be received during the period of the contract, including its extensions, to a bonus of 115 euros per month.

Legislation

Requirements for working people

Be in prison as punishable.

Features of the contract

The employment relationship shall be in accordance with the royal decree 782 / 2001 , 6 july.

The duration will coincide with the work site or the service may require.

In the official form, established for such purpose and forwarded to the public employment service within 10 days following its conclusion.

Requirements of the company

State Entity Prison Work and training for employment or autonomous Body.

Incentives

Bonus 65 per cent of contributions, covering the same, by the concepts of joint fund-raising, training and Wage guarantee fund.

Moreover, business quotas for common contingencies that are identified for these workers will be a bonus of 45 percent. If the bonuses you may be established or set for labour relations of special character, is justified by those that are most beneficial.

Legislation

  • Royal Decree 782 / 2001 , 6 july, which regulates the employment relationship of special character of the prisoners who perform work in prison and the Social security protection for persons who perform community service.
  • Additional provision 23 the consolidated text of the General law on Social security adopted by the Royal Legislative Decree 8 / 2015 .

Requirements for working people

The juveniles who have legally established working age are entitled to paid work, within the availability of the public agency, and social benefits legally them.

Requirements of the company

Shall be a person employer competent public body or the person or legal entity with which it has established the timely concert, without prejudice to the joint and several liability of the public agency, in respect of breaches in regard to wages and Social security.

To this end, the public entity shall carry out the activities necessary to enable such children to develop work remunerated productive within or outside the centres, according to the type of placement.

The employment relationship of detainees to be developed outside the centres and is subject to a straightforward procurement system with employers is regulated by the common labour legislation, without prejudice to the supervision and in the development of these contracts can be undertaken by the competent public body on its adequacy with the implementation of the measure.

Productive work to develop specific centres for juvenile offenders will be conducted by the competent public body, either directly or through natural or legal persons with those established concerts.

Features of the contract

Caregivers of children 18 years of age they are the following rules apply:

  1. May not perform night work or activities or jobs prohibited for minors.
  2. May not perform overtime.
  3. Can not make work more than eight hours a day cash, including, where appropriate, time spent on training and work, whether for several employers, carried out for each of them.
  4. Whenever the working hours continued daily exceeds four hours, and shall be a period of rest during the day did not less than 30 minutes.
  5. The duration of the weekly rest must be of at least two days without interruptions.
  6. Where appropriate, subject to regulations may establish other specialties that are deemed necessary in connection with existing rules to convicted prisoners.

In any case, the work they perform detainees will have as an essential aim enter the labour force, as well as their integration in the labour market. For this purpose, employment practice will be complemented by courses in vocational occupational or other programmes to enhance their competence and ability to work and promote their future professional employment.

I will apply the rules and regulations of the special employment relationship of the prisons and Social security protection established in the legislation in force for minors.

Legislation

  • Organization Act 5 / 2002 , 19 june, the qualifications and vocational training.
  • Royal Decree 1774 / 2004 , 30 july, approving the regulations of the organic law 5 / 2000 , 12 january, which regulates the criminal liability of minors.
  • Royal Decree 782 / 2001 , 6 july, which regulates the employment relationship of special character of the prisoners who perform work in prison and the Social security protection for persons who perform community service.

Features of the contract

Held with a group of people regarded as a whole.

The company will not address each of its members to the rights and duties as such its purview.

The head of the group ostentara representation of members, the obligations inherent in such representation.

The contract may be oral or written.

Its duration may be time-bound.

The contract shall be communicated to the public employment service within ten days and shall convene in the same time limit if verbal.

Legislation

Definition

Considered top management personnel to those workers 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.

Features of the contract

Will be formalized in writing, in exemplary doubled, one for each contracting party. In the absence of the covenant writing, the employee 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

Any other employment relationship that cannot be included in any of those defined in this guide.

(To be abolished since 1 / 1 / 2013 , provision repeal only law 27 / 2011 , 1 august, except for cases indicated)

Definition

This agreement is aimed at the recruitment of persons unemployed workers instead of working people its that look ahead of ordinary retirement age of sixty-five to sixty-four years.

This measure to promote employment lapse in accordance with the provision mentioned above, with the exception of the following circumstances in accordance with the final provision 10 . 2 the law 27 / 2011 , 1 august.

It will continue to apply the regulation of pension, in its various forms, requirements and conditions and rules of determination of allowances, in force before the entry into force of the act, retirement pensions that are prejudicial before january 2019 in the following circumstances:

  • a) persons whose employment relationship has expired before the publication of law 27 / 2011 , 1 august.
  • (b) persons with employment relationship suspended or terminated as a result of decisions taken in cases in employment regulations, or through collective agreements in any field and/or collective agreements, as well as decisions taken at tender procedures, approved or signed prior to the date of issuance of this law, regardless of that termination have arisen prior or subsequent to the 1 january 2013 .
  • (c) those who have acceded to the partial retirement pension prior to the date of issuance of this law, as well as those incorporated before the date of publication of this act to partial retirement plans, as defined in collective agreements in any field or collective agreements of companies, regardless of that access to the partial retirement occurred before or after the 1 january 2013 .

Features of the contract

They will last at least one calendar year.

The person who stops working to indulge you not exceeding one year to reach of ordinary retirement age.

The replacement contract shall be conducted under any of the contractual arrangements, except part-time and the manner provided for in article 15 . 1 .b) of the workers' statute (eventual by circumstances of production).

Will be formalized in writing, which must be recorded in the same on behalf of the individual worker who was replaced.

The contract shall within 10 days following its conclusion to the public employment service, shall be retained where one copy; another copy of the contract will be delivered to the worker retires, for submission to the operator to which the recognition of the right to pension benefits.

Other features

In the cases in which covered the implementation of reduction coefficients of the minimum age of sixty-five years, recycling rates are applicable to the age of sixty-four years.

If during the duration of the contract is the cessation of the individual workers, the company is obliged to replace it, within fifteen days, on the other person for the unemployed worker - time to achieve the minimum duration of the contract, except the case of force majeure.

Upon default, the company must pay on the operator the amount of the pension benefit earned up to the cessation of the worker contracted.

Legislation

  • Law 27 / 2011 , 1 august, on updating, adaptation and modernisation of Social security system.

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