Virtually one in 4 contracts in Spain is momentary (23.80%, in line with the newest EPA). This is without doubt one of the principal issues in our labor market. One thing that the Minister of Labor, Yolanda Díaz, has named as “Tradition of temporality”, and with which it’s proposed to finish because of a proposal that features as much as 5 measures, and that he has despatched to the negotiating desk along with the employers and the unions.
This proportion is among the many highest in your entire EU, averaging 10.7% (in Spain in 2020 it was 20.1%, in line with Eurostat). What has repeatedly induced Europe urges Spain to scale back the variety of momentary contracts. And evidently that is the second. The Restoration, Transformation and Resilience Plan despatched to Brussels is contemplated in element quantity 23. Particularly, within the reform part C23.R4 Simplification of contracts: generalization of the everlasting contract, causality and simplification of momentary contracts.
With this goal, the federal government, by means of the Minister of Labor, proposes to the negotiating desk the simplification of contracting to a few sorts: everlasting, momentary and coaching.
The proposal made by the ministry consists of 5 measures, as reported by a number of of the media which have had entry to the conversations:
1. The contracts momentary is not going to be used for regular and everlasting actions of the corporate. It’s proposed that the default hiring is indefinite and that, in no case, can a short lived contract be signed in the case of common duties carried out by the corporate, even when it’s a one-off enhance, as at the moment contemplated within the Staff’ Statute.
2. Finish contracts for works and companies linked to contractors or subcontractors. That is the mannequin that’s usually used for the availability of those companies. The contract of one of these employee is topic to the completion of the work of the consumer firm. The proposal considers that this exercise is regular within the contract and due to this fact shouldn’t be momentary.
3. Seasonality, however with fixed-discontinuous contracts. There are specific occasions of the 12 months when firms in particular fields, comparable to commerce or agriculture, expertise a rise of their exercise. That is normally resolved with momentary contracts for the interval of peak manufacturing. The intention is to interchange it and encourage fixed-discontinuous hiring for these circumstances.
4. One other measure to drastically cut back temporality can be penalize these firms that abuse one of these contract. In these the place this misuse is detected, the termination of the momentary contract shall be thought-about as a void dismissal, that’s, with the duty to reinstate.
5. Short-term contracts are additionally used when it’s essential to substitute of an individual who belongs to the employees, because of the beginning of a kid or sickness. It’s supposed to restrict the length of this typology in order that, after two years from the beginning of the substitute, change into a everlasting contract.
To strengthen these measures, the Minister of Inclusion, Social Safety and Migrations, José Luis Escrivá, has proposed a further contribution to the one which already exists for these very short term contracts. In 2019, of the 27 million contract cancellations that occurred on the 60% corresponded to contracts of lower than one month.
One other of the compelling causes to reduce temporality is that it has a particular influence on the youth employment. 52% of the roles of individuals between 15 and 29 years outdated are momentary.