Much has been speculated during this year 2014 about the new models for hiring staff for both companies and the self-employed, new contract models that arise from the need to simplify the types of employment contracts already existing previously in Spain. After the approval of Royal Decree-Law 16/2013, of December 20, a series of improvements in labor contracts have been approved in order to favor stable hiring and improve the employability of workers.
The types of contracts continue to be 42 and they have not changed substantially, what they have suffered are notable simplifications in the forms of employment contract, reducing to four, which are: permanent, temporary, internship contract and training contract and learning.
The rest of the contracts would be framed within these four modalities to which the pertinent clauses would be added to personalize the contract according to the company and according to the contracted worker.
Below is a detailed image of three of the possible contracts that we can find before a possible job:
The Permanent contract:
This type of indefinite contract is established without time limits in the provision of labor services provided to the company, as far as the duration of the contract is concerned.
The indefinite contract is ideal to offer stability, commitment and good working conditions to the workers and obviously, the permanent contract is the type of contract most desired by any worker.
As a freelancer or company you should know:
The formalization of an indefinite contract can be verbal or written, except for those under the public program to promote permanent contracts, disabled people, etc., or others that indicate in some way that they must be formalized in writing. In both cases, said contract may be required to be formalized in writing even during the course of the employment relationship.
Fixed contract workers must also be taken into account, such as:
- Workers who have not been registered with Social Security for a period equal to their probationary period but this period has not been clearly stipulated Workers who in a thirty-month work period would have been hired for a period of more than twenty-four months, with or without continuity, for the same job with the same company, through two or more temporary contracts.
Types of permanent contracts:
Within the permanent hiring module we find different categories and types of hiring for:
- People with disabilities.People with disabilities in special employment centers.People with disabilities from work enclaves.Support to entrepreneurs.From a young person by micro-enterprises and self-employed entrepreneurs.A new youth entrepreneurship project.Part-time with training links. Of workers in a situation of social exclusion; Victims of gender violence, domestic violence or victims of terrorism. Of those excluded from integration companies. Over 52 years old beneficiaries of unemployment benefits. From the first youth employment of temporary agency. From a contract for the training and apprenticeship of temporary agency. Coming from an internship contract for a temporary agency service, family home service, converting a temporary contract into an indefinite one.
Among all the permanent hiring projects, one of the most prominent has been the Support to Entrepreneurs, which we can see reflected in Royal Decree Law 3/2012 of February 10 (labor reform 2012). This type of contract has been created to promote job creation by self-employed workers, entrepreneurs and SMEs.
The indefinite contract model to support entrepreneurs has a series of characteristics and requirements:
- As the main requirement, the worker must be registered as unemployed so that the bonuses can be applied. Its most outstanding characteristic is that the type of hiring is indefinite, with a full time and with a trial period of one year. After the latest reviews, you can also opt for a part-time job, as an essential requirement on the part of the company is that it must have less than 50 workers, that there has not been any unfair dismissal or that there have been no groups in the 6 months The company must undertake to keep the worker hired for at least 3 years. There will be a tax incentive in which the tax deduction will be 3,000 euros for the first worker hired by the company under 30 years of age.There will be another tax incentive for hiring unemployed personnel, if the company hires an unemployed person who receives unemployment benefit, the company will be entitled to a deduction of 50% of the benefit that the worker has pending, with a maximum of 12, being An essential requirement that the worker has received at least 3 months of benefit The company may receive bonuses in the business contribution to Social Security for young people, as well as for people over 45 years of age, as well as for women in sectors in which it is under-represented.Etc.being an essential requirement that the worker has received at least 3 months of benefit The company may receive bonuses in the business contribution to Social Security for both young people, as for people over 45 years of age, as well as for women in sectors where there is little represented.etc.being an essential requirement that the worker has received at least 3 months of benefit The company may receive bonuses in the business contribution to Social Security for both young people, as for people over 45 years of age, as well as for women in sectors where there is little represented.etc.
The Temporary Contract
The temporary contract is the contract par excellence for short-term work seasons such as summer seasons or winter seasons.
The main types of temporary employment contracts are:
Work contract for work or service:
- Carrying out a specific work or service with its own autonomy and substantivity. The duration of the contract will depend on the duration of the specific work or service. The work contract will always be in writing. The working day will be either full or partial. contract the worker will be compensated with 8 days of salary per year of service. The contract can be converted into an indefinite contract but without receiving any type of bonus.
Eventual Contract due to production circumstances:
- Its main objective and function attend to the circumstances of production, accumulation of tasks, excess orders and similar situations.The duration of the contract will be a maximum of 6 months within a period of 12 months, and by collective agreement the duration can be 12 months within a period of 18 months. A single extension may be formalized. The contract will be formalized in writing unless its duration is less than 28 days and it is full-time. It may be full-time or part-time. Once the contract is finished, the worker will be compensated with 8 days of salary per year of service. The contract can be converted into an indefinite contract but he will not be able to receive any type of bonus.
Interim Contract:
- It consists of the substitution of workers with reservation of their job, suspension of contract to temporarily cover a position during the selection or substitution process during vacation or leave periods. Specific substitutions may be made due to maternity, risk during pregnancy, adoption or pre-adoptive or permanent foster care of self-employed workers and members of cooperative societies. The duration of the contract coincides with the time of absence of the replaced worker. The contract must be formalized in writing. The working day will be full-time unless the replaced worker have a part-time or short-time contract.
In interim contracts, the trial periods are reduced to a single month in those work contracts whose duration does not exceed six months.
Other types of temporary contracts:
- First youth job. Contract for workers in a situation of social exclusion; Victims of gender or domestic violence or victims of terrorism Of socially excluded workers by insertion company Of workers over 52 years of age who are beneficiaries of unemployment benefits Part-time retirement situation Part-time with training links Of jobs of social interest / promotion of agricultural employment Of family home service workers Of people with disabilities Of people with disabilities in special employment centers Etc.
The contract for training and learning.
Contract for ordinary training and apprenticeship:
The contract for training and apprenticeship has been in force since its approval in Royal Decree Law 3/2012 of February 10, it was created to promote job placement and training for young people.
This type of contract has a number of distinctions:
- Its main objective is to provide the necessary qualification to adequately carry out a profession. The training and apprenticeship contract is aimed at young people under 25 (or under 30 while the unemployment rate is above 15%) who lack the The qualification required to enter into an internship contract. The minimum duration of a training contract will be a minimum of 6 months and a maximum of 3 years. It requires 25% of the working day for the first year and 15% for the second. It can be done either in an accredited training center or in the company itself if it has the necessary means and personnel. The remuneration will be agreed by collective agreement and will never be less than the minimum professional salary. Until December 31, 2014,There is the possibility of making contracts for training and apprenticeship that are not linked to certificates of professionalism or vocational training qualifications Companies with up to 250 workers will receive bonuses in the business contribution to Social Security of up to 100% and 75% in companies with more than 250 workers. Companies may receive incentives to transform into permanent employees: 1,500 euros / year deduction of business contributions to social security, for three years. In the case of women, it would increase to 1,800 euros.
Other types of employment contracts for apprenticeships and training.
- Of workers in a situation of social exclusion, victims of gender violence, domestic violence or even victims of terrorism, of people with disabilities in special employment centers, etc.
