The publication of Royal Decree-Law 8/2019 has introduced important new developments in labor matters, such as those related to record of the work day, promotion of employment and work incapacity of self-employed workers.
On March 12, 2019, Royal Decree-Law 8/2019 was published in the BOE, in which important new developments were introduced for workers, companies and self-employed workers, highlighting the following:
Work Day Record
Art is modified. 34 of the Workers' Statute and section 9 is added:
“Companies will guarantee the daily registration of the working day, which must include the specific start and end time of each working person's working day, …”.
The obligation of the company to keep the workday records for four years and make them available to the legal representatives and the Labor Inspection is established.
On the other hand, the Law on Infractions and Sanctions in the Social Order is modified and "The transgression of the rules regarding... registration of working hours,..." is introduced as a serious infraction. punishable with a fine between 626 and 6,250.00 euros.
The previous modification will come into force two months from publication, that is, on May 11. From that date ALL COMPANIES have the obligation to keep the Time Record for ALL WORKERS, regardless of the type of contract they have, whether it is part-time or full-time.
Employment Promotion Measures
For agricultural workers. Conversion to Indefinite
In the Special System for Employed Agricultural Workers, the transformation of temporary or temporary contracts into Permanent or Discontinuous Permanent contracts will give the right to a bonus for two years. The amount of the bonus will depend on the worker's contribution group and their monthly or daily contribution base.
To apply this bonus, companies must keep the worker for at least three years from the transformation.
Hiring long-term unemployed people.
The indefinite hiring of unemployed people registered in the employment office for at least twelve months in the previous eighteen months will be entitled to a bonus of 108.33 euros/month (125.00 if a woman) for three years.
To apply this bonus, companies must maintain the worker for at least three years from the date of hiring, as well as the level of employment achieved for two years.
Self-Employed IT Workers
Self-employed workers who were Temporarily Disabled on 01/01/2019 will have the right to pay Social Security contributions in the following situations:
If the self-employed worker was covered by the Protection for Cessation of Activity during the year 2018, after 60 days from the start of the IT, the Social Security contributions will be paid to the AT mutual insurance company from 01/01/2019.
If the self-employed worker was NOT covered by the Protection for Cessation of Activity during the year 2018, they must remain on sick leave for IT for 60 days from 01/01/2019, from that date the mutual insurance company will be responsible for the Social Security contributions. These workers must make the mutual choice before 04/01/2019.
For any questions regarding these important legal modifications that directly affect your company, you can contact our offices directly or contact us through form, where our experts in labor and tax matters will help you resolve them.
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