I.-EINLEITUNG<\/p>\n
Die Reform des Arbeitsmarktes, die durch das K\u00f6nigliche Dekret-Gesetz 3\/2012 im Februar beschlossen wurde, setzt in Betrieb ein Paket von Ma\u00dfnahmen, um zu versuchen, die Flexibilit\u00e4t des Arbeitsmarktes in Spanien zu erh\u00f6hen und die Besch\u00e4ftigung zu f\u00f6rdern. Dar\u00fcber hinaus, und in gewisser Weise, n\u00e4hert sich das spanische Arbeitsrecht zu die dominierenden Linien in anderen L\u00e4ndern der Europ\u00e4ischen Union. Anschlie\u00dfend finden Sie einige der wichtigsten Ma\u00dfnahmen bez\u00fcglich der spanischen Unternehmen, insbesondere der KMU.<\/p>\n
II.- \u00a0REFORMS.<\/p>\n
A) Apprenticeship contracts:<\/p>\n
\u2022 Applicable to employees aged over 16 and under 25 years old.<\/p>\n
\u2022 Minimum duration of one year and a maximum of three years.<\/p>\n
\u2022 Compatible with training activities of no less than 25% of effective employment during the first year and no less than 15% in\u00a0 the second and third years.<\/p>\n
\u2022 Salary shall be proportional to the time dedicated to effective employment, in accordance with the applicable collective\u00a0 bargaining agreement.<\/p>\n
\u2022 Once the training period has ended, the employee cannot be contracted by the same company, although it is possible for the\u00a0 employee to be contracted by other companies in other sectors under the same type of labour contract.<\/p>\n
\u2022 Rebates in company Social Security contributions are established for new apprenticeship contracts, of up to 100% during the\u00a0 initial period and consequent extensions.<\/p>\n
\u2022 The transformation of apprenticeship contracts into permanent contracts shall give rise to a reduction in Social Security\u00a0 contributions of 1.500 Euro per year for a term of three years. In the case of women it shall be 1.800 Euro.<\/p>\n
B) Promotion of permanent contracts.<\/p>\n
1) Support contract for businesses: Companies with less than 50 employees which enter into full time permanent contracts, shall\u00a0 benefit from the following tax incentives:<\/p>\n
a) A tax deduction of 3.000 Euro if the employee is under 30 years old.<\/p>\n
b) Additionally, if the employee were in a situation of unemployment, the company would be entitled to a tax deduction\u00a0 equivalent to 50% of the employee\u2019s \u00a0unemployment benefit still pending receipt at the time of signing the employment\u00a0 contract, with a limit of 12 monthly payments, all in accordance with determined regulations.<\/p>\n
c) In the case of employees of between 16 and 30 years old, the company shall be entitled to a rebate in Social Security\u00a0 contributions for a term of 3 years, amounting to 1.000 Euro for the first year, 1.100 Euro for the second year and 1.200 Euros\u00a0 for the third year. In the case of the unemployed over 45 years old, the rebate would amount to 1.300 Euro for a period of 3\u00a0 years. In the case of women the rebate would be 1.500 Euro per year.<\/p>\n
The above incentives require that the employee remains in employment for at least 3 years, except in cases of disciplinary or legitimate dismissal.<\/p>\n
2) Part time contracts.<\/p>\n
Part time employees may do overtime provided that the sum total of the overtime combined with normal working hours and complementary hours does not exceed the legal limit for part time work.<\/p>\n
3) Rebates for the transformation of internship, relief and substitution contracts.<\/p>\n
o In companies with less than 50 employees, the abovementioned contracts transformed into permanent contracts shall be\u00a0 subject to a rebate in Social Security contributions of 500 Euro for three years, increased to 700 Euro in the case of women.<\/p>\n
C) Measures to allow employment flexibility in companies.<\/p>\n
1) Professional classification. By means of agreement with employees, a classification system for professional groups shall be\u00a0 established allowing wider definitions than those currently existing and facilitating functional versatility.<\/p>\n
2) Geographical mobility: objective conditions shall be established for the selection of employees subject to mobility.<\/p>\n
3) Contractual modifications: the employer may modify inter alia, the functions of the employee, working hours and the\u00a0 performance system under determined objective conditions (economic, technical and organisational circumstances, including a\u00a0 fall in sales during two consecutive quarters, current losses or a prevision of losses). In the case of substantial modifications to\u00a0 the contract, such as the remuneration or salary system, the employee shall be entitled to terminate the contract and receive\u00a0 an indemnification of 20 days per year of service up to a maximum of nine months\u2019 salary, or challenge the measure before\u00a0 the courts. This last option is without prejudice to the immediate enforceability of the measure.<\/p>\n
4) In cases of contract suspension or a reduction in working hours for technical, organisational or production causes or causes\u00a0 derived from acts of God, the requirement for obtaining a prior administrative authorisation is eliminated. The company shall\u00a0 benefit from a rebate of up to 100% in Social Security contributions of employees whose contract has been suspended, for a\u00a0 maximum of 240 days per year, and conditioned to the stability of employment of at least 1 year.<\/p>\n
5) Collective negotiation:<\/p>\n
o Company bargaining agreements shall have priority, which are negotiable over and above the geographical or sector collective\u00a0 bargaining agreements.<\/p>\n
o For companies in difficulties, the opting out of the collective bargaining agreement applicable to the industry shall be\u00a0 facilitated; in the case of disagreement with the workers, arbitration shall be resorted to.<\/p>\n
o The automatic indefinite renewal of collective bargaining agreements, in the case of disagreement between parties, is\u00a0 eliminated, which should thus facilitate the negotiation and securing of agreements at the end of the validity of those\u00a0 agreements in force.<\/p>\n
D) Measures to favour efficiency in the labour market and reduce employment duality.<\/p>\n
1) Termination of the employment relationship.<\/p>\n
o The causes for objective dismissal are better defined, on an individual basis (absenteeism, lack of adaptation to technical\u00a0 modifications) as well as on a collective basis (economic, technical and organisational circumstances, including a fall in sales\u00a0 during three consecutive quarters, current losses or a prevision of losses). In such cases, the indemnification shall be 20 days per year of service.<\/p>\n
o The previously required prior authorisation from the administration for a labour force adjustment plan (ERE) is eliminated.<\/p>\n
2) The indemnification of 33 days per year of service in the case of the unfair dismissal of workers under permanent contracts\u00a0 becomes more widespread, with a maximum indemnification amounting to 24 monthly salary payments. This regulation shall\u00a0 only apply to the period of employment carried out as from the passing of the Royal Decree-law in the case of valid contracts at the time of entering into force. In any event, the right to an indemnification for up to 42 monthly salary payments shall be\u00a0 maintained.<\/p>\n
3) The Spanish salary guarantee fund (FOGASA) shall only cover the discharge of contracts due to legitimate dismissal in the\u00a0 case of SME\u2019s (with less than 25 employees).<\/p>\n
4) Companies which dismiss more than 50 employees and are not in insolvency proceedings should formulate a plan for\u00a0 reallocating those affected, with measures lasting for at least six months.<\/p>\n
E) Other measures.<\/p>\n
1) Young workers up to 30 years of age \u00a0(35 years in the case of women) shall have the option to capitalise 100% of their\u00a0 unemployment benefit upon the proposal of undertaking self-employed activity.<\/p>\n
2) In the case of commercial contracts and top-level management contracts in state public sector entities, indemnifications may\u00a0 not exceed 7 days per year of service, with a maximum of 6 monthly payments.<\/p>\n
III.- \u00a0CONCLUSIONS<\/p>\n
\u2192 The new contracts allow greater compatibility between employment and training. Emphasis is placed on permanent contracts\u00a0 with a trial period of one year for companies with less than 50 employees.<\/p>\n
\u2192 Important rebates in Social Security contributions and tax deductions shall be made available to companies who contract new\u00a0 employees.<\/p>\n
\u2192 The faculty to reach collective bargaining agreements shall allow labour regulations to be adjusted to the specific\u00a0 circumstances of each company.<\/p>\n
\u2192 Reduction in the costs of unfair dismissal, although the problem of disproportionate dismissal costs of employees with many\u00a0 years of service has not been solved.<\/p>\n
\u2192 The causes for objective dismissal have been clarified, but they have not become sufficiently objective, therefore the use of\u00a0 court procedures regarding company decisions is expected.<\/p>\n
\u2192 The approval of labour force adjustment plans (ERE) is facilitated given the disappearance of the mandatory prior authorisation\u00a0 from the Administration. The regulation, which the Government plans to pass, shall fill the omissions not covered by the\u00a0 already passed Decree-law. In any case, decisions regarding labour force adjustment plans may not be appealed before the High Courts.<\/p>\n
F\u00fcr weitere informationen, kontaktieren Sie:<\/p>\n
Eduardo VIL\u00c1<\/a>:\u00a0vila@vila.es<\/a><\/p>\n 14.02.2012<\/p>\n","protected":false},"excerpt":{"rendered":" I.-EINLEITUNG Die Reform des Arbeitsmarktes, die durch das K\u00f6nigliche Dekret-Gesetz 3\/2012 im Februar beschlossen wurde, setzt in Betrieb ein Paket von Ma\u00dfnahmen, um zu versuchen, die Flexibilit\u00e4t des Arbeitsmarktes in Spanien zu erh\u00f6hen und die Besch\u00e4ftigung zu f\u00f6rdern. Dar\u00fcber hinaus, und in gewisser Weise, n\u00e4hert sich das spanische Arbeitsrecht zu die dominierenden Linien in anderen […]<\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[46],"tags":[],"class_list":["post-1417","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"yoast_head":"\n