Labor proposes a new training contract to the unions, raising the fine for fraud in temporary employment to 10,000 euros
The Government has presented a new wording of art. 47 bis, ERTEs RED, these will be activated by agreement of the Council of Ministers, at the proposal of the ministries of Economy, Labor and Social Security
Eight months after the start of negotiations for the PP's 2012 labor reform, both unions and employers are far from an agreement. The latest proposals are not enough. The deadline ends at the beginning of the year, waiting for an agreement necessary for both parties at that time.
Fines are established between 1,000 EUROS, minimum level, and 10,000, maximum level, per person for fraud in temporary contracts per worker.
The government has modified the wording of art. 11 of the Workers' Statute, including a new training contract, which can be carried out with people without professional qualifications.
Apprenticeship contract
Furthermore, the Ministry of Labor, headed by the second vice president, Yolanda Díaz, clarifies that these are the true recipients, as was the case with the apprenticeship contract, but also with those workers who have both a vocational training and a university degree, as long as they do not who had accessed it previously, in training at the same educational level or in the same productive sector.
The Labor proposal indicates that training can be done with public or private programs, as long as they are part of the catalog of training specialties of the State Public Employment Service, SEPE.
The age limit is introduced at 30 years, with exceptions for university studies, level 3 professional certificates or specialized vocational training courses. It is transferred to a later regulation to establish particularities in said limits.
Training contracts in alternation with several companies
Another novelty is that training contracts may be carried out in alternation with several companies, based on the same cycle, provided that said contracts respond to several activities linked to the cycle or training plan, without the maximum duration of all contracts being exceed the maximum limit. The alternation training contract will not have a trial period.
Contract for internship
Regarding the contract for internships, it will be made within three years - five with disabilities - following the completion of the studies. A university degree, intermediate or higher degree, specialist, professional master's degree or certificate from the vocational training system is added, as well as an equivalent degree in artistic or sports education.
It cannot be arranged with workers who have already worked for the same company for that activity for a period of three months, without counting for these purposes the training or internship periods of the curriculum required to obtain the degree.
One year maximum limit
Successive internship contracts can be signed depending on the level of studies, degree, master's degree, doctorate, etc. In addition, they can be done for several companies without exceeding the maximum limit of 1 year.
Finally, it is introduced that companies can request from SEPE information on the people they intend to hire and who have previously been hired under this modality and duration.
New ERTE – RED
The Government has presented to the unions a new wording of art. 47 bis, ERTEs RED. These are activated by agreement of the Council of Ministers, at the proposal of the ministries of Economy, Labor and Social Security. The social agents must be informed in advance.
It will not serve as a justification or endorsement for the adoption at the business level of measures that affect employment or working conditions. In addition, the working day will be reduced before going to ERTE or RED and if this is not feasible, suspension.
Two modalities
Cyclic. It will depend on the general macroeconomic situation that recommends the adoption of additional stabilization instruments. Maximum duration one year.
Sectorial. When a certain sector, or sectors, see permanent changes - structural - that generate requalification needs. One year, with the possibility of two extensions of six months each.
Once the mechanism is activated, companies will be able to voluntarily request their adhesion in accordance with art 47.3 of the Workers' Statute and Art 8 of Royal Decree-Law 18/2021 of the ERTE.
Work inspection
It is sent to the Labor Inspection for a report within 7 days. The labor authority, once the consultation period has concluded, will issue a resolution within a period of 7 days. If not, there will be positive silence. If there is agreement, the measure will be authorized. If there is no agreement, it will determine whether the situation exists for it or not.
Relocation plan in the case of sectoral modality
Reduction between 10 and 70%. It may affect or disaffect workers by communicating it to the managing entity. In addition, overtime cannot be worked.
Benefits regarding contributions
Companies that hire workers from companies included in the sector mechanism will have 50% quota bonuses for 6 months. In addition, companies will be able to increase credit to finance training activities.
Workers will benefit from the social protection measures provided for in Art. 40 of Royal Legislative Decree 8/2015, of October 30, which approves the consolidated text of the General Law of Social Security and will be considered a collective priority for access to training initiatives.
The labor inspection will collaborate to control the application of the mechanism. In addition, it is planned that a fund will be established to meet financing needs.
The new proposal eliminates, as requested by the UGT, the elements that allowed the transition to dismissals or the receipt of compensation through FOGASA.
Fines
The proposal also includes a modification of the Law on Infractions and Sanctions in the Social Order by which non-compliance in fraudulent temporary hiring is toughened: each worker will be fined between 1,000 EUROS, minimum level, and 10,000, maximum level, per person in fraud.
Despite these modifications, negotiations are not progressing with due speed.
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