The Ministry of Labor is already clear about the main lines of the restrictions that it will impose on temporary contracts to avoid the abuse of this modality and try to make them indefinite. That is the objective set before the European Commission within the changes in the labor regulations that negotiate with unions and employers, and whose modifications go through hardening the use of these contracts on all fronts. The first, within the period in which companies can use these workers: at most, they can do so for six months, or one year if established by the sectoral agreement.
The draft, to which this newspaper has had access, and whose content will be debated this Wednesday at a new meeting of the Government and social agents, clearly points in this direction in which it limits the so-called “productive causes” to sign a temporary contract: It will be the occasional and unpredictable increase in activity that cannot be attended to with the usual staff of the company. And it warns: “In no case, shall it be understood as a productive cause the performance of work of a seasonal nature or linked to campaigns, which must be contracted through the indefinite modalities provided for that purpose.” In practice, under this type of contract, neither seasons – such as summer tourism, agriculture, culture or construction – nor certain campaigns, such as Christmas, may be governed. For these cases, companies must use fixed-discontinuous contracts.
On the other hand, the rule defines what the relationship should be in the event that the firm alleges “organizational reasons”, when the company needs to replace an employee with the right to return to his position. It would be the case of a maternity leave or a leave of absence. If more than 24 months pass without the person replaced having rejoined, the temporary will become fixed directly. And also if the company does not comply with the obligation to detail in writing the name of the person replaced, the cause and the expected period of replacement.
The temporary employment rate in Spain, over 25%, is one of the highest in all of Europe
Work also proposes to act to tackle another of the most common practices that have led the Spanish labor market to have a temporary employment rate close to 25%, one of the highest in all of Europe: the concatenation of contracts. For this reason, the norm anticipates that the eventuals will be automatically fixed that «in a period of 30 months they would have been hired for a period of more than 24 months, with or without a solution of continuity, for the same or different job position with the same company or group of companies, by means of two or more temporary contracts, whatever the reasons, either directly or by making them available by temporary work companies ”.
Another cause for automatically becoming a permanent worker is specified in the fact that this will be the case “when a contract has not been made in writing or when the enabling causes of temporary hiring and the circumstances have not been specified in the contract. concrete that justify its realization, as well as its connection with the foreseen duration ”.
Meetings between unions, employers and the government to analyze the different proposals will take place in the next few days to complete a reform that the minister of the branch, Yolanda Díaz, described this Tuesday as “substantial and far-reaching.”
Yolanda Díaz insists on the “abuse” of many companies by making temporary contracts with “massive fraud”
In the press conference after the Council of Ministers, Díaz recalled that ending the scourge of temporary employment is not just a request from Brussels, but an obligation to end the “brutal” model of contracting in Spain. “We are going to be Europeans and the fundamental principle of hiring will be job stability and it will only be possible to resort to a temporary modality when there is a justifying cause,” said the minister.
Díaz made special emphasis on the “abuse” that had been observed with certain contracts such as work or service contracts, which in practice would disappear according to the draft, recalling that the Supreme Court issued a “forceful” ruling in which he spoke of “fraud massive ”in these modalities. “It will be a structural and very clear reform, in which the cause will have to be justified,” insisted the Minister of Labor. “A company with precarious jobs is a precarious company, and we cannot continue like this,” he said during his appearance.