He Royal Legislative Decree 2/2015, of October 23, which approves the revised text of the Workers' Statute Law, enters into force this Friday, November 13,
The approved text intends to integrate into a single rule, the 1995 Workers' Statute Law, and all the related legal provisions listed in Article One.d) of the aforementioned law, as well as the rules with the force of law that have modified them.
The content of the previous Statute is basically reproduced, with a series of adaptations:
1.- Three groups are incorporated into special labor relations, this time nominally: minors subjected to internment measures to fulfill their criminal responsibility, the residence for the training of specialists in Health Sciences and the lawyers who provide services in law firms, individual or collective. (article 2)
2.- It includes the obligation of the company to notify the employment office of the contracts entered into and their extensions of the previous art. 16.1 to the current art. 8, dedicated to the form of the contract, in addition to adding the submission to data protection regulations, of the treatment of the information provided in the basic copy of the contract. (article 8)
3.-Regarding internship contracts, the articulation of the professional classification system by means of professional groups given by the labor reform is adapted, so that with the new norm the sectoral collective agreements may determine the jobs or professional groups object of this contract. (art. 11.1 a)
4.-Regarding the suspension with reservation of job, the anachronistic mentions related to the provision of military service and the substitute social benefit have disappeared.
The rest of the regulations that are incorporated into the new Workers' Statute are mainly through its transitory provisions, according to the following list:
– The application of the previous regulations to those contracts entered into before November 13, 2015 is maintained. (DT 1ª)
– The previous regulation is invariably reproduced, which is correlatively repealed, with respect to: (DT 2nd and DT 4th to 12th)
* Formation and learning contracts
* Limitation of the chaining of contractual modalities
* Maximum duration of the contract for specific works or services
* Complementary hours
* Duration of paternity leave until the entry into force of Law 9/2009, of October 6
* Compensation for termination of temporary contract
* Clauses of the collective agreements referring to the fulfillment of the ordinary retirement age
* Employment regulation files that were in process on February 12, 2012
* Compensation for unfair dismissal of contracts formalized before February 12, 2012
* Claim to the State for processing wages in which a final dismissal sentence had not been handed down on July 15, 2012.
– It refers to the retirement ages established in the General Social Security Law in terms of part-time contracts for partial retirement and relief. (DT 3rd).
For any clarification on the new regulations regarding the Workers' Statute, you can request information through our website. fill the form and we will contact you.
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