JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law:

PREAMBLE

I

The economic crisis in Spain since 2008 has highlighted the weaknesses of the Spanish labour model. The seriousness of the current crisis is unprecedented. Spain has destroyed more jobs, and more quickly, than the major European economies. The data from the latest Labour Force Survey describes this situation well: the unemployment figure stands at 5,273,600 people, with an increase of 295,300 in the fourth quarter of 2011 and 577,000 in the fourth quarter of 2010. The unemployment rate rises by 1.33 points from the third quarter and stands at 22.85%.

The destruction of employment has been more intense in certain groups, especially the young people whose unemployment rate among the under-25s reaches almost 50%. The uncertainty of entering the labour market, the low initial wages and the general economic situation are causing many well-trained young people to leave the Spanish labour market and seek opportunities in the labour market. foreign.

Long-term unemployment in Spain is also higher than in other countries and has a double negative impact. On the one hand, the evident on the collective of people and, on the other, the additional impact on the added productivity of the economy. The average duration of unemployment in Spain in 2010 was, according to the OECD, 14.8 months, compared with a mean for OECD countries of 9.6 and 7.4 months for G7 members.

This adjustment has been especially severe for temporary workers. We maintain a temporary rate of almost 25%, much higher than the rest of our European partners. The average temporality in the EU27 is 14%, 11 points lower than the Spanish one.

The destruction of employment during the last legislature has relevant effects on the Social Security system. Since December 2007, the number of affiliates has decreased by almost 2.5 million (12.5%). In addition, if the average monthly expenditure on unemployment benefits in 2007 was 1,280 million €, in December 2011, the expenditure amounted to 2,584 million.

The economic crisis has highlighted the unsustainability of the Spanish labour model. The problems of the labour market far from being cyclical are structural, they affect the very foundations of our social model and require a major reform that, despite the normative changes experienced in the last years, continues to be claimed by all the world and European economic institutions that have analyzed our situation, by the international markets that contemplate the situation of our labor market with enormous uneasiness and, on all, for the data of our work reality, which hide true human dramas. The above figures show that the labour reforms carried out in recent years, still well-meaning and oriented in the right direction, have been failed reforms.

The seriousness of the economic situation and the employment situation described requires the adoption of a reform that provides economic and labor operators with a horizon of legal certainty and confidence in which they will be sure to to get employment back.

The proposed reform seeks to ensure both the flexibility of employers in the management of the company's human resources and the safety of workers in employment and adequate levels of social protection. This is a reform in which everyone wins, employers and workers, and which aims to better and better satisfy everyone's legitimate interests.

II

The reform of the labour law is complete and balanced and contains incisive measures and immediate implementation, in order to establish a clear framework that contributes to the effective management of industrial relations and that facilitate the creation of jobs, as well as the stability in employment that our country needs.

The reform bets on the balance in the regulation of our working relations: balance between internal and external flexibility; between the regulation of indefinite and temporary contracting, that of internal mobility in the company and the extinguishing mechanisms of the employment contract; between the cloths that operate in the contract of employment and those that operate in the labor market, etc. The objective is flexicurity. To this end, this Law sets out a coherent set of measures designed to promote the employability of workers, by reforming aspects relating to employment intermediation and vocational training (Chapter I); Indefinite recruitment and other forms of work, with particular emphasis on promoting recruitment by SMEs and young people (Chapter II); incentivising internal flexibility in the enterprise as an alternative measure to the destruction of employment (Chapter III); and, finally, to promote the efficiency of the labour market as an element linked to the reduction of work duality, with measures that mainly affect the extinction of work contracts (Chapter IV).

Chapter I groups various measures to promote the employability of workers. The Public Employment Services have been insufficient in the management of the placement, with very few penetration rates within the total number of placements. On the contrary, Temporary Work Enterprises have been revealed as a powerful dynamic agent of the labour market. In most of the countries of the European Union, such enterprises operate as placement agencies and from the Community institutions, they are stressing that they contribute to the creation of jobs and to participation and integration. of workers in the labour market. This is why the regulatory framework for temporary work companies is reformed by allowing them to operate as placement agencies.

The development of vocational training for employment has been remarkable over the last two decades, with a significant increase in the participation of companies and workers in training activities, although they have been There are also certain needs for improvement. This Law is based on a professional training that promotes the permanent learning of workers and the full development of their professional skills. The basic axis of the reform in this field is the recognition of vocational training as an individual right, with workers being given a paid leave for training purposes. Workers are also entitled to the right of vocational training to adapt to the changes which have been made at the workplace. It is also envisaged that the Public Employment Services will grant to each worker a training account associated with the Social Security membership number, and the training centres and institutions, duly accredited, are recognised as being the possibility of participating directly in the vocational training system for employment, with a view to making the training offer more varied, decentralised and efficient.

Another notable aspect of this chapter is the modifications to the training and learning contract to enhance youth employment through the suppression of unjustified limitations.

III

Chapter II includes a number of measures aimed at encouraging indefinite recruitment and job creation. The measures included in this chapter are intended to encourage especially those who are suffering the most from the negative consequences of the economic crisis: the young unemployed and the SMEs.

Part-time work is one of the outstanding subjects of our labour market. Although the reforms that have changed the regulation of this contract have been different, the fact is that the level of part-time employment in our country is not comparable to that in other countries of the European Union. Part-time work is not only a relevant mechanism in the flexible organisation of work and in the adaptation of working time to the professional and personal needs of workers, but is a mechanism for redistribution of employment. The reform of the part-time work contract seeks to seek a better balance between flexibility and social protection, while allowing for overtime in part-time contracts, and including the same at the base of the Quotation for common contingencies.

The desire to promote new ways of developing labor activity makes it possible to include, with guarantees, the work of teleworking in this reform: a particular form of organization of the work that fits perfectly in the productive and economic model pursued, by favouring the flexibility of firms in the organisation of work, increasing employment opportunities and optimising the relationship between working time and personal life and family. The organisation of traditional home-based work is therefore amended to provide for a balanced regulation of rights and obligations for remote work based on the intensive use of new technologies.

The companies of fifty or fewer workers are, according to data from the Central Business Directory of the National Statistics Institute, 99.23% of Spanish companies. The labor reform seeks to facilitate the hiring of workers by these companies, which represent the majority of the productive fabric of our country and that host the various formulas of business organization that makes possible our legal system, which includes the work of self-employed people and the various families of the social economy. To this end, a new form of employment contract will be created for an indefinite period, of which only companies with fewer than 50 employees who, despite the economic crisis situation, will be able to make use of the contract, will be used for the creation of employment. In addition, two tax incentives are established for taxable persons in the Tax on Companies and Taxpayers of the Income Tax of Physical Persons who carry out economic activities, intended to encourage this type of contract. The first of the incentives is applicable only to those entities which do not have contracted staff, while the second is intended for the enterprises of 50 or fewer employees, who are engaged in the employment of unemployed persons. beneficiaries of a contributory unemployment benefit.

Likewise, the system of bonuses for indefinite hiring is rationalized, the practice of which has severely limited its efficiency. Thus, the bonuses provided for in this Law are aimed exclusively at companies with fewer than 50 employees, either for the conversion of contracts into practice, for replacement or for the replacement of age by retirement in contracts. In the case of indefinite recruitment, through the new contractual modality identified, of young people aged between 16 and 30 or unemployed over the age of 45.

IV

Chapter III brings together various measures to promote internal flexibility in companies as an alternative to the destruction of jobs. The problem of the duality of work is a consequence, to a good extent, of an inadequate system of labour institutions, as evidenced during the last crisis. In a system that generates adequate incentives, companies can cope with the fluctuations in demand by resorting to different mechanisms for dismissal, which preserve the human capital of the company, such as temporary reductions in wages or salaries. day. This kind of adjustment has been relevant in the countries of our environment, which has resulted in less job destruction.

The set of measures set out in this chapter are aimed at strengthening the mechanisms for adapting working conditions to the specific circumstances that the company is going through. With this aim there are several reforms that are addressed. In the first place, the system of professional classification has as the only reference the professional group with the objective to circumvent the rigidity of the notion of professional category and to make of the ordinary functional mobility a mechanism of more viable and effective adaptation.

Secondly, the distinction between substantial individual and collective modifications is simplified, the substantial modification of functions and structure and salary amount are included as a cause of voluntary extinction of the employment contract entitled to compensation and, the modification of working conditions set out in collective agreement of Title III of the Workers ' Statute are referred to in Article 82 (3) of the Staff Regulations.

In the third place, regarding the suspension of the contract of work and the reduction of the day due to economic, technical, organizational or productive causes, this Law seeks to strengthen this alternative mechanism to the dismissals, giving it agility by removing the requirement for administrative authorisation and by establishing an extension of the system of bonuses and replacement of unemployment benefits provided for in these cases.

In the fourth place, in the field of collective bargaining, the possibility of dismemberment regarding the collective agreement in force is foreseen, priority is given to the collective agreement of the company and the regime of ultra-activity of the collective agreements. The changes in these matters are intended to ensure that collective bargaining is an instrument, not an obstacle, to adapt the working conditions to the specific circumstances of the company.

The latest reform of the labour market aimed to make the possibility of neglect more viable, but in the light of the 2011 data, in a context of worsening the economic crisis, it does not appear that progress has been made. significantly in this field. The state rule has not guaranteed the unblocking of the lack of agreement with the workers ' representatives to stop applying the conditions provided for in collective agreement. Therefore, in order to facilitate the adjustment of wages and other working conditions to productivity and business competitiveness, this Law incorporates a modification of the neglect regime so that, in the absence of agreement and the solution of the conflict by other autonomous channels, the parties submit to a channeled arbitration through the National Consultative Commission of Collective Agreements or similar bodies of the Autonomous Communities. In any case, it is a question of tripartite bodies and, therefore, with the presence of trade union and employers ' organisations, together with that of the administration whose intervention is also justified by the need for the public authorities to ensure that the defense of productivity as derived from article 38 of the Spanish Constitution.

The previous reform of the labour market also sought to influence the structure of collective bargaining, giving priority to the business-wide agreement on other conventions in a number of areas. They are of the utmost importance for flexible management of working conditions. However, the effective decentralization of collective bargaining has been left to the state or regional conventions, and can prevent this priority from being applied. The new development which is now incorporated is aimed precisely at ensuring such conventional decentralisation in order to facilitate the negotiation of working conditions at the closest and most appropriate level to the reality of business and its workers.

Finally, in order to ensure that the content of collective bargaining is adapted to changing economic and organizational scenarios, changes are made to the implementation of the collective agreement in the time. It is intended, first, to encourage the renegotiation of the agreement to be carried out at the end of its term without the need for denunciation of the convention as a whole, as a situation that is sometimes conflicting and which does not facilitate a renegotiation process. Balanced and balanced. However, in order to prevent this from being possible, it is intended to avoid a "petrification" of the working conditions agreed upon in agreement, and that the renegotiating agreement should not be excessively delayed by a temporary limitation of the ultra-activity of the a one-year convention.

V

Chapter IV includes a set of measures to promote the efficiency of the labor market and reduce labor duality. The lack of an optimum level of internal flexibility is, as has been stated, one of the characteristics of our labour market which primarily affects workers on a temporary basis and, to a lesser extent, indefinite workers. by redundancies. The result is, at this stage, well known: the accused rotation and segmentation of our labour market.

With the aim of increasing the efficiency of the labour market and reducing labour duality, Chapter IV of this Law sets out a series of measures that essentially relate to the extinction of the contract. However, the chapter starts with a measure concerning the conclusion of temporary contracts. In particular, in order to complete the measures to promote indefinite recruitment and to try to reduce the number of working-level dualism as soon as possible, the end of the suspension of the impossibility of overcoming a temporary ceiling in the (a) chaining of temporary contracts as laid down in Article 15 (5) of the Staff Regulations. This forecast shall be applicable again from 1 January 2013.

The so-called "express dismissal" has become, in the light of the most recent data, the main channel of extinction of indefinite contracts, far exceeding the number of redundant collective and objective. Beyond the benefits in terms of speed and economic security that this possibility brings to businesses, the "express dismissal" is revealed to be frontally opposed to what should be a system of extinction of the contract of employment presided over by the idea of "flexicurity".

The "express dismissal" creates insecurity for workers, since business decisions are probably taken many times on the basis of a mere economic calculation based on the seniority of the worker and, therefore, in the cost of dismissal, irrespective of other aspects relating to the discipline, productivity or the need for the services provided by the worker, while limiting his or her possibilities for judicial challenge, unless conduct is carried out discriminatory or contrary to fundamental rights. Also, from the business point of view, the success of the "express dismissal" has also highlighted the dysfunctions of the legal regime of dismissal. It does not constitute economically rational behaviour-the one that would be expected of the holder of a business-to dismiss without many times the criteria relating to the productivity of the worker and, in any case, by a Dismissal is inappropriate and therefore more expensive than a dismissal from economic, technical, organizational or production causes, the justification of which should be more common in times, such as the present, of economic crisis. The reason for this is that the additional costs involved in processing wages and the difficulty, which has been reported, have been incurred in relation to the possibility of carrying out economic extinctions with costs, in monetary and financial terms. time, more reasonable.

The characterization of the collective dismissal, with an administrative file and possible administrative and judicial impeachments, has been revealed to be contrary to the speed that is especially necessary when it comes to undertaking business restructuring. This is why the tendency to reach agreements with workers ' representatives during the consultation period is certain as a way of securing authorisation by the labour authority. However, this has been done many times at the cost of providing compensation to workers who have been made redundant over and above the legal basis for this dismissal. In this way, the period of consultation with the representatives of workers who, in the light of Community legislation, must be dealt with on the possibility of avoiding or reducing collective redundancies and reducing their consequences, by means of the use of social measures intended, in particular, for the re-adaptation or conversion of redundant workers.

For their part, the objective dismissals for the same causes have been characterized by an ambivalent judicial doctrine and case law, in which it has taken many times a purely defensive conception of these dismissals, as mechanism to deal with serious economic problems, bypassing other functions which are intended to fulfil this dismissal as a means of adjusting the volume of employment to the technical and organizational changes operated by the companies. This explains that companies will often be granted recognition of the lack of origin of the dismissal, avoiding a judicial process over which there was not too much confidence in the possibilities of obtaining the origin of the dismissal, Therefore, the additional cost of the processing wages would be paid more than the additional costs incurred.

On the basis of the previous diagnosis, the set of measures concerning the extinction of the contract of work included in Chapter IV, is initiated with a reform of the legal regime of collective dismissal. One of the main developments is the abolition of the need for administrative authorisation, while maintaining the Community requirement for a period of consultation, but without requiring an agreement with the representatives of the workers to proceed. to the dismissals. This is accompanied by an assimilation of these collective redundancies with the rest of the dismissals for the purpose of their impeachment and judicial qualification, with the particularity that an action is foreseen for which the representatives of the workers, which will allow a uniform solution for all workers affected by the dismissal.

Innovations are also introduced in the field of justification for these redundancies. The Law now sets out to delimit the economic, technical, organizational or productive causes that justify these layoffs, deleting other normative references that have been introducing elements of uncertainty. Beyond the specific legal tenor incorporated by various reforms since Law 11/1994, of 19 May, amending certain articles of the Workers ' Statute, and the articles of the Law of the Social Jurisdiction and the Law of the Law on Infractions and Sanctions in the Social Order, such references incorporated projections of the future, of impossible proof, and a finisher assessment of these dismissals, which has been giving rise to the courts to conduct, in numerous opportunities, opportunity judgments relating to the management of the company. It is now clear that the judicial review of these dismissals must be based on an assessment of the concurrency of the facts: the causes. This idea applies both to the judicial review of collective redundancies and to the dismissal of objective causes ex Article 52 (c) of the Staff Regulations.

The new regulation reinforces the social elements that must accompany these layoffs. On the one hand, it is incentivised that, through collective autonomy, priority should be given to the decision to lay off certain workers, such as those with family burdens, those of a certain age or persons with disability. On the other hand, in those collective redundancies affecting more than 50 employees, the law provides for an effective business obligation to provide workers with a plan for external relocation, including training, guidance and guidance. professional, personalized attention and active job search.

The measures relating to the termination of the employment contract also relate to the compensation and other costs associated with the redundancies. Thus, it is considered necessary to improve the efficiency of the labour market and to reduce the work duality bringing the costs of redundancy to the average of the European countries. The traditional severance pay of 45 days ' salary per year of service with a maximum of 42 monthly allowances is an element that accentuates the gap between the cost of extinguishing the temporary contract and the In addition to being a distorting element for the competitiveness of companies, especially for the smallest, at a time-such as the current one-of difficulty in accessing sources of funding.

Therefore, this law generalizes for all redundancies imposed the compensation of 33 days, with a ceiling of 24 monthly payments, which has been previewed for the job losses of workers with contract of promotion of indefinite recruitment. This generalisation removes this form of contract, which had been greatly distorted after the last enlargement of the collectives with which the contract could be concluded.

The new rules on compensation for unfair dismissal apply to contracts concluded from the date of the entry into force of the Royal Decree-Law which has served as the basis of this Law. In the case of contracts concluded before that date, the compensation shall be calculated in accordance with the rules previously in force, but only with respect to the time of service provided before the entry into force of the This rule. For the remaining service time, the new amount of 33 days per year of service shall be taken into account. With these rules, it is respectful of the principle of equality before the law enshrined in article 14 of the Spanish Constitution, while taking into account the compensation expectations of the contract workers in force.

The regulatory changes that have been made so far as to the termination of the contract of employment allow us to leave behind other rules and forecasts whose purpose was none other than, in an indirect and somewhat unreasonable way, to mitigate the rigidities that have been characterising the legal regime of dismissal.

In addition to the deletion of "express dismissal" other changes are made to the rules that refer to the processing salaries, maintaining the business obligation to pay them only in the case of readmission of the worker, either where the employer chooses that option in the face of an unfair dismissal, or as a result of the invalidity qualification of the employer. In the case of those dismissals imposed in which the employer opts for compensation, the payment of the processing salaries is not necessary, which is justified in that the length of the legal proceedings does not appear to be a criterion adequate to compensate for the loss of employment, especially in the light of the fact that the worker is entitled to receive unemployment from the same time as the extinguishing decision is effective. On the other hand, processing salaries sometimes act as an incentive for dilatory procedural strategies, with the addition that they end up becoming a partially socialized cost, given the expectation that the The employer may claim to the State the portion of such wages exceeding 60 days.

In this same line, in order for a more reasonable legal treatment of the costs linked to the termination of the contract of employment, this Law modifies the legal regime of the Guarantee Fund, rationalizing its scope (a) action, including compensation for part of the compensation for the termination of indefinite contracts which take place in undertakings of less than 25 employees and which have not been declared judicially as imparted.

VI

The reform of the substantive legal regime of the temporary suspension of the contract, the temporary reduction of the day and the collective dismissal as regards the abolition of the administrative authorization of the authority It requires the processing of such institutions to be adapted.

A new procedural modality has been created for collective dismissal, the regulation of which seeks to avoid unnecessary delay in the search for a judicial response to the extinguishing business decision. In addition, paragraphs of other provisions relating to the administrative authorisation required, up to now, in contractual suspensions and temporary reductions, as well as in collective redundancies, have been deleted.

For the sake of the speed of the work procedure, this new procedural modality will be of a preferential and urgent nature, and it is characterized by attributing to the Supreme Courts of Justice and the Court of Justice. National the knowledge, in the first instance, of the challenge by the representatives of the workers of the collective dismissal, recognizing, subsequently in the interest of the celerity, the appeal.

Given the complexity of the majority of collective redundancies, it has been considered appropriate, in order to avoid delays in time, to establish the business obligation to provide the documentation that would justify its decision. In the case of an extinguishing period, the time limit for the application is to be counted, and thus be able to carry out the test of the application in advance.

The individual challenge of the termination of the contract in the framework of a collective dismissal is still attributed to the Courts of the Social, by the intended course for the extinctions for objective causes.

Finally, the challenge of contractual suspensions and reductions in working time for economic, technical, organizational and production causes and force majeure will be articulated through the procedural modalities provided for in the Articles 138 and 153 to 162 of the Regulatory Law of Social Jurisdiction, in consideration of the individual or collective character of the business decision.

Finally, the Law concludes with a series of provisions among which the provision of a specific regime applicable to the administrators and managers of credit institutions regarding limitations in the compensation for termination of their contracts in those credit institutions which are mainly or financially supported by the Bank Ordered Restructuring Fund. In addition, certain rules are laid down for the termination/suspension of the contract of directors or directors of credit institutions for the purpose of imposing sanctions or suspension and certain provisional substitution assumptions, respectively. This regulation complements, in the areas covered, the provisions of the Royal Decree-Law 2/2012 of 3 February, of consolidation of the financial sector with respect to the remuneration of credit institutions receiving financial support. public for its consolidation and restructuring.

On the other hand, the additional provision of the Law is intended to respond to the current economic crisis by introducing rational and logical adjustment criteria in the field of commercial and high contracts. public sector management. The measures provided for in that additional provision pursue economic stability, the general interest and the common good. The establishment of limits in the commercial and high management contracts of the public sector is, moreover, an economic measure aimed at containing the expansion of public expenditure, in such a way that it is justified by the need to reduce the public deficit.

On the other hand, the transitional provisions of the Law lay down the rules for the proper application of its provisions, in line with the objective of complete and balanced reform, of immediate application to the framework of the employment relations, all in conditions of legal certainty, in respect of measures for employment intermediation, promotion of employment, protection by unemployment, the validity of the conventions complained of, contracts for training and apprenticeship, and collective redundancies of workers over the age of 50 in companies with profits.

The rule clarifies the application of the new compensation regime for unfair dismissal, with respect to the rules in force prior to the entry into force of the same.

In the final provisions, the conditions for the enjoyment of certain workers 'permits in the field of reconciliation of work and family life, the training of workers' account, are required. definition of certain types of unemployment protection and their accreditation, changes in the vocational training subsystem for employment and overtime in part-time contracts, as well as the amendment of the rules the payment of the unemployment benefit in its single payment method, among others. A final provision has also been introduced to clarify the treatment in the Income Tax of the Physical Persons of severance payments, as a consequence of the various modifications introduced by the labor reform.

CHAPTER I

Measures to promote the employability of workers

Article 1. Job intermediation.

One. Article 16 (3) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" 3. The activity of hiring workers temporarily to other undertakings shall be carried out exclusively by temporary work undertakings authorised in accordance with their specific legislation. Temporary work enterprises may also act as placement agencies when they have the corresponding authorisation in accordance with the provisions of the applicable rules. "

Two. Article 1 of Law 14/1994 of 1 June 1994 governing temporary work enterprises is worded as follows:

" Article 1. Concept.

It is called a temporary work company, whose main activity is to make workers available to another user, on a temporary basis, employed by them. The hiring of workers to temporarily cede to another company may only be carried out through temporary work companies duly authorized under the terms provided for in this Law.

Temporary work companies may also act as placement agencies when they meet the requirements laid down in Law 56/2003 of 16 December 2003 on Employment and their development regulations.

In their relationship with both the workers and the clients, the temporary work companies will have to report expressly and in each case if their action is in the condition of temporary agency or agency placement. "

Three. Article 2 (1) (b) of Law 14/1994 of 1 June 1994 on temporary employment undertakings is hereby drawn up as follows:

"b) To engage exclusively in the constitutive activity of a temporary work enterprise, without prejudice to the provisions of Article 1 of this Law."

Four. The first subparagraph of Article 2 (2) of Law 14/1994 of 1 June 1994 on temporary employment undertakings is hereby drawn up as follows:

" 2. The administrative authorisation to operate as a temporary work undertaking shall be granted by the competent bodies of the Autonomous Communities or the General Administration of the State, in the case of Ceuta and Melilla. "

Five. Article 2 (4) of Law 14/1994 of 1 June 1994 on temporary employment undertakings is hereby drawn up as follows:

" 4. The application for authorisation submitted in accordance with this Article shall be resolved within three months of its submission.

Expiry of that period without the express resolution of such an application shall be deemed to be estimated. "

Six. Article 4 (1) of Law 14/1994 of 1 June 1994 on temporary employment undertakings is drawn up as follows:

" 1. The employment authority which, in accordance with Article 2 of this Law, grants the administrative authorization, shall keep a Register of Temporary Work Enterprises, in which the authorized undertakings shall be registered, stating data relating to the identification of the undertaking, the name of those who hold office or are members of the administrative bodies of undertakings which review the legal form of company, domicile, professional and geographical scope of the action, number of administrative authorization and validity of the same, as well as temporary work company also acts as a placement agency.

The suspension of activities agreed by the labour authority in accordance with the provisions of this Law as well as the cessation of the status of temporary work enterprise will also be subject to registration.

The connections that must exist between the Temporary Work Business Records of the different territorial areas will be determined. "

Seven. Article 21a (2) of Law 56/2003 of 16 December 2003 on Employment is worded as follows:

" 2. Natural or legal persons, including temporary employment undertakings, who wish to act as placement agencies, shall obtain authorisation from the public employment service to be granted in accordance with the requirements laid down in this Regulation. Regulation. The authorization, which will be unique and valid throughout the Spanish territory, will be granted by the State Employment Public Service in the event that the agency intends to carry out its activity in different Autonomous Communities or using exclusively electronic means or by the equivalent of the Autonomous Community, where the agency intends to act only in the territory of a Community.

The expiry of the maximum period of the authorisation procedure without having been notified to the person concerned shall mean the estimate of the request for administrative silence. "

Eight. The second provision of Law 56/2003 of 16 December 2003 on Employment is worded as follows:

" Additional Disposition Second. Temporary work companies.

Temporary work companies will adjust their activity to the requirements of regulatory regulations.

However, they may act as placement agencies if they comply with the provisions of those agencies in this law and its development provisions, including the obligation to guarantee workers free of charge. the provision of services. "

Nine. A paragraph 1.bis is added to Article 16 of the recast of the Law on Infringements and Sanctions in the Social Order, approved by Royal Decree-Law 5/2000 of 4 August, with the following wording:

" 1.bis. In the case of temporary work undertakings which have submitted a responsible declaration to act as placement agencies as provided for in the first transitional provision of Royal Decree-Law 3/2012 of 10 February 2012, urgent for labour market reform, failure to comply with the requirements laid down in Law 56/2003 of 16 December 2003 on Employment and its implementing rules. "

Ten. Article 18 (3) (c) of the recast text of the Law on Infractions and Penalties in the Social Order, approved by Royal Decree-Law 5/2000 of 4 August, is worded as follows:

"(c) Not to engage exclusively in the constitutive activity of the temporary work enterprise, except as provided for in the matter of placement agencies."

Article 2. Vocational training.

One. Article 4 (2) (b) of the recast text of the Law on Workers ' Statute, adopted by Royal Decree-Law 1/1995 of 24 March, is worded as follows:

(b) To the promotion and vocational training at work, including the one aimed at adapting them to changes in the workplace, as well as to the development of training plans and actions aimed at promoting their increased employability ".

Two. Article 11 (2) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" 2. The contract for training and apprenticeship shall aim at the vocational qualification of workers in a system of alternance of work activity paid in a company with training activity received in the framework of the system of vocational training for employment or the education system.

The contract for training and learning will be governed by the following rules:

(a) Workers aged over 16 and under 25 years of age who lack the professional qualification recognised by the vocational training system for employment or the education system may be celebrated required to enter into a contract in practice. Workers who are trained in the vocational training of the education system may be eligible for this contract.

The age limit will not apply when the contract is designed with persons with disabilities or with the social exclusion groups provided for in Law 44/2007, of December 13, for the regulation of the scheme of the insertion undertakings, in cases where they are contracted by insertion undertakings which are qualified and active in the relevant administrative register.

(b) The minimum duration of the contract shall be one year and the maximum of three. However, by collective agreement, different durations of the contract may be established, depending on the organizational or productive needs of the undertakings, without the minimum duration being less than six months or the maximum three years.

In the event that the contract has been concluded for a duration less than the legal or conventionally established maximum, it may be extended by agreement of the parties, up to twice, without the duration of each extension. may be less than six months and without the total duration of the contract exceeding that maximum duration.

Situations of temporary incapacity, risk during pregnancy, maternity, adoption or reception, risk during breast-feeding and paternity will interrupt the computation of the duration of the contract.

(c) The duration of the contract for training and learning is expirated, the worker may not be hired under this mode by the same or different undertaking, unless the training inherent in the new contract has the object of obtaining a different professional qualification.

No contracts may be concluded for training and learning when the job corresponding to the contract has been previously performed by the worker in the same undertaking for a period of more than 12 months. months.

(d) The worker must receive the training inherent in the contract for training and learning directly in a training centre of the network referred to in the fifth additional provision of the Organic Law of 19 In June, the qualifications and vocational training, previously recognised by the National Employment System, have been recognized for this purpose. However, it may also receive such training in the undertaking itself where it has the facilities and the staff appropriate for the purposes of the accreditation of the professional competence or qualification referred to in paragraph 1. (e) without prejudice to the need, where appropriate, for additional training periods to be carried out at the centres of the network referred

.

The work activity performed by the employee in the company must be related to the training activities. The partition of this training must be justified at the end of the contract.

The system of delivery and the characteristics of the training of workers in training centres and in enterprises, as well as their recognition, will be developed in a system of alternance with the effective work to promote a greater relationship between the worker and the training and learning of the worker. Training activities may include additional training not referred to the National Catalogue of Professional Qualifications to be adapted to both the needs of workers and businesses.

The financing of training activities will also be subject to regulatory development.

e) The qualification or professional competence acquired through the contract for training and learning shall be subject to accreditation in the terms laid down in the Organic Law of 19 June of the Qualifications and of vocational training, and in its development regulations. In accordance with this Regulation, the worker may ask the competent public authority to issue a certificate of professional competence, professional training certificate or, where appropriate, partial accreditation. cumulative.

(f) Effective working time, which must be compatible with the time spent on training activities, may not exceed 75 per cent, during the first year, or 85 per cent, during the second and third years, the maximum time provided for in the collective agreement or, failing that, the maximum legal day. Workers shall not be allowed to perform overtime, except in the case provided for in Article 35.3. They will also not be able to do night work or shift work.

g) The remuneration of the contract worker for training and learning shall be set in proportion to the effective working time, in accordance with the collective agreement.

In no case shall the remuneration be lower than the minimum inter-professional salary in proportion to the effective working time.

h) The protective action of the Social Security of the contract worker for training and learning shall cover all contingencies, protective situations and benefits, including unemployment. You will also be entitled to the coverage of the Wage Guarantee Fund.

(i) In the event that the worker continues to the undertaking at the end of the contract, it shall be within the meaning of paragraph 1 (f) of this Article. "

Three. Article 23 of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of March 24, is worded as follows:

" Article 23. Promotion and vocational training at work.

1. The worker shall be entitled:

(a) In the enjoyment of the necessary permits to attend examinations, as well as a preference to choose work shift, if such is the regime established in the company, when curse regularly studies to obtain a academic or professional qualifications.

b) To the adaptation of the ordinary working day for the attendance of vocational training courses.

(c) to the granting of the appropriate permits for vocational training or further training with a job reserve.

d) To the training required for adaptation to the modifications operated in the job. The same shall be borne by the undertaking, without prejudice to the possibility of obtaining the appropriations for training to this end. The time spent on training shall in any case be considered as effective working time.

2. In collective bargaining, the terms of the exercise of these rights shall be agreed upon, which shall be in accordance with criteria and systems that ensure the absence of direct or indirect discrimination between workers of one sex and another.

3. Workers with at least one year's seniority in the company are entitled to a paid leave of 20 hours per year of vocational training for employment, linked to the business of the undertaking, which can be accumulated for up to five years. years. The right shall be deemed to be fulfilled in any event where the worker is able to carry out training activities aimed at obtaining vocational training for employment within the framework of a training plan developed by a business initiative or committed by collective bargaining. Without prejudice to the foregoing, it shall not be possible to understand in the right referred to in this paragraph the training which the undertaking is required to provide in accordance with other laws. In the absence of a collective agreement, the definition of the mode of enjoyment of the permit shall be determined by mutual agreement between the worker and the employer. "

Four. Article 26 (1) (c) of Law 56/2003 of 16 December 2003 on employment is hereby worded as follows:

" (c) Participation in the design and planning of the vocational training subsystem for the employment of the most representative employers ' and trade union organisations and training centres and entities accredited through its representative organisations in the sector. In addition, account will be taken of the specific needs of the self-employed and of enterprises in the social economy through their representative organisations. "

Five. Article 26 (10) of Law 56/2003 of 16 December 2003 on Employment is amended as follows:

" 10. The training received by the worker during his professional career, in accordance with the National Catalogue of Professional Qualifications and the Spanish Qualifications Framework for Higher Education, will be entered into a training account, associated with the Social Security membership number.

The Public Employment Services shall make the corresponding entries under the conditions to be laid down in regulation. "

Six. Paragraph 1 of the sixth transitional provision of Law 45/2002 of 12 December 2002 on the reform of the system of protection for unemployment is worded as follows:

" Transitional provision sixth. Programme for the replacement of workers in training by workers receiving unemployment benefits.

1. Pursuant to the third subparagraph of Article 228 (4) of the recast text of the General Law on Social Security, in the wording given to it by this Law, all undertakings may be covered by this programme. whatever the size of their workforce, they replace their employees with unemployed workers who are beneficiaries of unemployment benefits during the time when they participate in training activities, provided that such actions are taken are funded by any of the Public Administrations.

The application of the programme covered by this transitional provision shall be compulsory for unemployed workers receiving unemployment benefits referred to in the preceding paragraph. "

Article 3. Quota reductions in contracts for training and learning.

1. Companies which, as from the entry into force of this law, enter into contracts for training and apprenticeship with unemployed workers registered in the employment office, will be entitled, for the duration of the contract, including the (a) a reduction of the business quotas to social security for common contingencies, as well as those relating to accidents at work and occupational diseases, unemployment, wage guarantee fund and vocational training, of 100% if the contract is carried out by undertakings whose template is less than 250 people, or 75 percent, in the event that the contracting company has a template equal to or greater than that number.

In addition, in contracts for training and learning concluded or extended in accordance with the provisions of the preceding paragraph, 100 percent of the contributions of workers to social security will be reduced throughout the period. duration of the contract, including extensions.

2. Undertakings which, at the end of their initial or extended duration, transform contracts for training and apprenticeship into indefinite contracts, whatever the date of their conclusion, shall be entitled to a reduction in the quota Social security of 1,500 euros/year, for three years. In the case of women, this reduction will be € 1,800/year.

3. As not provided for in this Article, it shall apply as set out in Section I of Chapter I of Law 43/2006 of 29 December 2006 for the improvement of growth and employment.

4. The reductions provided for in this Article shall not apply to contracts for training and learning when they are concluded in the framework of the actions and measures laid down in Article 25 (1) (d) of Law 56/2003, 16 of In December, Employment, including the workshops of the Workshop, the Houses of Trades and Employment Workshops.

CHAPTER II

Encouraging indefinite hiring and other measures to promote job creation

Article 4. Employment contract for an indefinite period of support for entrepreneurs.

1. In order to facilitate stable employment while the business initiative is enhanced, companies with fewer than 50 employees will be able to enter into the contract of support work for the entrepreneurs that is regulated in this article.

2. The contract shall be concluded for an indefinite and full time, and shall be formalised in writing in the model to be established.

3. The legal status of the contract and the rights and obligations arising from it shall, in general, be governed by the provisions of the recast text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of 24 of March, and in collective agreements for contracts for an indefinite period, with the sole exception of the duration of the probationary period referred to in Article 14 of the Staff Regulations, which shall be one year in any case. A probationary period may not be established where the worker has already performed the same duties in the undertaking, in any form of recruitment.

4. These contracts will benefit from the tax incentives provided for in Article 43 of the recast of the Companies Tax Act, approved by Royal Decree-Law 4/2004 of 5 March 2004.

The contract worker who would have received, on the date of the conclusion of the contract, contributory level unemployment benefits for at least three months, may voluntarily reconcile each month, together with the salary, 25% of the amount of the benefit which it has been recognised and which is still to be received, in accordance with the provisions of Title III of the recast text of the General Law on Social Security, adopted by Royal Legislative Decree 1/1994 of 20 June.

The right to the compatibility of the benefit shall take effect from the date of the start of the employment relationship, provided that it is requested within 15 days from the date of the employment relationship. After that period the worker shall not be eligible for this compatibility.

Compatibility will be maintained exclusively for the duration of the contract with the maximum limit of the duration of the benefit to be received. In the case of termination of work involving the legal status of unemployment, the beneficiary may choose to apply for a new benefit or to resume the benefit pending. In this case, only 25 per cent of the time the benefit is compatible with the job will be considered as a period.

The managing body and the beneficiary will be exempt during the 25 percent perception of the compatibility of the obligation to list Social Security.

Where the worker does not reconcile the benefit with the salary in the terms of this paragraph, the worker's right to unemployment benefits shall be maintained which shall be deducted from the worker's entitlement at the time of the placement, where the provisions of Articles 212.1.d and 213.1 (d) of the recast text of the General Law on Social Security, adopted by the Royal Legislative Decree 1/1994 of 20 June, are applied.

5. Irrespective of the tax incentives provided for in Article 43 of the recast of the Companies Tax Act, approved by Royal Decree-Law 4/2004 of 5 March, the contracting parties are to be hired under this contract. Unemployed persons registered in the Office of Employment shall be entitled to the following bonuses, provided that they relate to one of these groups:

a) Young people between 16 and 30 years, both inclusive, the company will be entitled to a bonus in the business share to the Social Security for three years, the amount of which will be 83.33 euros/month (1,000 euros/year) in the first year; 91.67 euros/month (1,100 euros/year) in the second year, and 100 euros/month (1,200 euros/year) in the third year.

When these contracts are designed with women in occupations where this group is less represented the previous amounts will be increased by 8.33 euros/month (100 euros/year).

b) Over 45 years, the company will be entitled to a bonus in the business share to the Social Security, the amount of which will be 108.33 euros/month (1,300 euros/year) for three years.

When these contracts are designed with women in occupations where this group is less represented, the bonuses indicated will be 125 euros/month (1,500 euros/year).

These bonuses will be compatible with other public aid provided for the same purpose, without in any event the sum of the applicable bonuses can exceed 100% of the business quota to the Security Social.

6. The undertaking which, in the six months preceding the conclusion of the contract, would have taken final decisions, shall not be able to conclude the employment contract for an indefinite period of support for the entrepreneurs referred to in this Article. imsourced. The limitation will only affect the extinctions produced after the entry into force of this Law, and for the coverage of those positions of the same professional group as those affected by the extinction and for the same center or job centers.

7. For the purposes of applying the incentives linked to the employment contract for an indefinite period of support for entrepreneurs, the employer must keep the employed worker at least three years from the date of the start of the employment relationship. It should also maintain the level of employment in the company achieved with the contract for an indefinite period of support to entrepreneurs for at least one year from the conclusion of the contract. In the event of non-compliance with these obligations, the incentives must be reimbursed.

The prior employment maintenance obligations shall not be considered to be unfulfilled when the employment contract is terminated for objective reasons or for disciplinary dismissal where one or the other is declared or recognised as (a) from the date on which the contract has been concluded, or the termination of the contract, or the termination of the contract,

the termination of the contract.

8. For the purposes of this Article, account shall be taken of the number of employees of the undertaking at the time of the recruitment.

9. The provisions of Section I of Chapter I of Law 43/2006 of 29 December 2006 for the improvement of growth and employment, except as laid down in Article 6.2 of the Treaty, shall apply to the provisions of this Article. exclusions.

Article 5. Part-time contract.

Article 12 (4) (c) of the Recast Text of the Law of the Workers ' Statute, adopted by Royal Decree-Law 1/1995 of 24 March, is worded as follows:

" c) Part-time workers will be able to perform overtime. The number of overtime to be performed will be legally provided in proportion to the agreed time.

The overtime hours made in the part-time contract will be computed for the purposes of social security contributions and the regulatory basis for the benefits.

Additional hours shall be governed by the provisions of paragraph 5 of this Article.

In any case, the sum of the ordinary, extraordinary and complementary hours may not exceed the legal limit of the part-time work defined in paragraph one of this article. "

Article 6. Remote work.

Article 13 of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of March 24, is worded as follows:

" Article 13. Remote work.

1. It shall be for working at a distance to be taken into account when the provision of the work activity is carried out in a preponderant manner at the address of the worker or at the place freely chosen by the worker, in an alternative to his or her in-person development. in the company's work center.

2. The agreement establishing the remote work will be formalised in writing. Whether the agreement is established in the initial contract or later, the rules contained in Article 8.3 of this Law for the basic copy of the work contract will apply.

3. Distance workers shall have the same rights as those who provide their services in the workplace of the undertaking, except those which are inherent in the performance of the work in question in person in person. In particular, the remote worker shall be entitled to receive at least the total remuneration established in accordance with his professional group and duties.

The employer must establish the means necessary to ensure the effective access of these workers to vocational training for employment, in order to promote their professional promotion. In order to enable mobility and promotion, it should also inform workers at a distance from the existence of vacant jobs for their in-person development in their workplace.

4. Distance workers are entitled to adequate protection in the field of safety and health, resulting in application, in any case, as laid down in Law 31/1995 of 8 November of the Prevention of Occupational Risks and their legislation development.

5. Workers at a distance may exercise the rights of collective representation in accordance with the provisions of this Law. For these purposes, such workers must be attached to a particular business centre of the enterprise. "

Article 7. Quota allowances for the conversion of contracts into practices, relief and replacement contracts into indefinite contracts.

1. Undertakings which transform into indefinite contracts into practice, to the end of their initial or extended duration, or to transform into indefinite replacement and replacement contracts in anticipation of the retirement age, whichever is the the date of their conclusion, they shall be entitled to an allowance in the business quota for Social Security of EUR 41.67/month (EUR 500/year) for three years.

In the case of women, these bonuses will be 58.33 euros/month (700 euros/year).

2. Undertakings which have fewer than 50 employees at the time of recruitment, including self-employed workers, and working or cooperative societies may be beneficiaries of the bonuses provided for in this Article. to which workers are incorporated as working or working partners, provided that the latter have opted for a social security scheme of self-employed workers.

3. As not provided for in this provision, it shall apply as set out in Section I of Chapter I of Law 43/2006 of 29 December 2006 for the improvement of growth and employment.

CHAPTER III

Measures to promote internal flexibility in companies as an alternative to job destruction

Article 8. Professional classification.

Article 22 of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of March 24, is worded as follows:

" Article 22. Professional classification system.

1. By collective bargaining or, failing that, agreement between the undertaking and the workers ' representatives, the system of professional classification of workers shall be established by means of professional groups.

2. A professional group shall be understood to group together the professional skills, qualifications and general content of the benefit, and may include different tasks, functions, professional specialties or responsibilities assigned to the worker.

3. The definition of professional groups shall be based on criteria and systems aimed at ensuring the absence of direct and indirect discrimination between women and men.

4. By agreement between the worker and the employer a professional group shall be assigned to the worker and the performance of all the tasks corresponding to the group shall be established as the content of the work contract. professional assigned or only one of them. When the functional polyvalence or the performance of functions of more than one group is agreed, the equalization shall be performed by virtue of the functions that are performed for the longest time. "

Article 9. Time of work.

1. Article 34 (2) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of March 24, is worded as follows:

" 2. By collective agreement or, failing that, by agreement between the company and the employees ' representatives, the irregular distribution of the day may be established during the year. In the absence of a pact, the company will be able to distribute ten percent of the working day in an irregular manner throughout the year.

Such distribution must in any event respect the minimum daily and weekly rest periods provided for in the Law and the worker must know at least five days ' notice on the day and time of the work. resulting from that. "

2. Article 34 (8) of the recast of the Law on the Staff Regulations is worded as follows:

" 8. The worker shall have the right to adapt the duration and distribution of the working day in order to make his right to the reconciliation of personal, family and work life effective on the terms established in collective bargaining or in the the agreement to be reached with the employer while respecting, where appropriate, what is foreseen in that case.

To this end, the use of continuous working day, flexible working hours or other modes of organisation of working time and breaks will be promoted, which will allow for the greater compatibility between the right to conciliation of the personal, family and work life of workers and improvement of productivity in enterprises. "

Article 10. Functional mobility.

Article 39 of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of March 24, is worded as follows:

" Article 39. Functional mobility.

1. The functional mobility within the undertaking shall be carried out according to the academic or professional qualifications required to perform the work and with respect to the dignity of the worker.

2. Functional mobility for the performance of functions, both higher and lower, not corresponding to the professional group will only be possible if there are also technical or organizational reasons to justify it and for the necessary time for your attention. The employer must communicate his/her decision and the reasons for it to the employees ' representatives.

In the case of a discharge of duties exceeding those of the professional group for a period of more than six months for a year or eight for two years, the worker may claim the promotion if he does not obtain the provisions of the collective agreement or, in any case, the coverage of the vacancy corresponding to the functions performed by the person in accordance with the rules on promotions applicable in the company, without prejudice to the corresponding salary difference. These actions will be cumulative. Against the refusal of the undertaking, and subject to the report of the committee or, where appropriate, of the staff delegates, the worker may claim before the social court. By collective bargaining, periods other than those expressed in this article may be established for the purpose of claiming vacancy coverage.

3. The worker shall be entitled to the remuneration corresponding to the duties which he or she actually carries out, except in the case of a charge of lower duties, in which he shall maintain the remuneration of origin. It shall not be possible to invoke the causes of dismissal for the objective of excessive ineptitude or lack of adaptation in the case of performance of functions other than usual as a result of functional mobility.

4. The change of functions other than the agreed ones not included in the assumptions provided for in this article will require the agreement of the parties or, failing that, the submission to the rules foreseen for the substantial modifications of the conditions of the or to which they have been established in collective agreement. "

Article 11. Geographical mobility.

One. Article 40 (1) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" 1. The transfer of workers who have not been recruited specifically to provide their services in companies with mobile or mobile work centres to a work centre other than the same undertaking requiring changes of residence will require the the existence of economic, technical, organisational or production reasons which justify it. These shall be considered to be such as to be related to the competitiveness, productivity or technical organisation or work in the enterprise, as well as the hiring of the business.

The transfer decision must be notified by the employer to the worker, as well as to his legal representatives, at least thirty days before the date of their effectiveness.

Notified the transfer decision, the worker will have the right to choose between the shipment, perceiving compensation for expenses, or the extinction of his contract, perceiving a compensation of 20 days of salary per year of service, prorating for months the periods of time less than one year and with a maximum of twelve monthly payments. The compensation referred to in the first case shall include both the own costs and the costs of the family members, in the terms agreed between the parties, which shall never be less than the minimum limits laid down in the conventions. collectives.

Without prejudice to the enforceability of the transfer within the aforementioned period of incorporation, the worker who has not opted for the termination of his contract will be displeased with the business decision, may challenge it before the competent jurisdiction. The judgment shall declare the transfer justified or unjustified and, in the latter case, shall recognise the right of the worker to be reinstated to the home working centre.

When, in order to circumvent the forecasts contained in the following paragraph of this Article, the company carries out transfers in successive periods of ninety days in number below the thresholds indicated therein, without new causes justifying such action, such new transfers shall be deemed to have been made in law fraud and shall be declared null and void. '

Two. Article 40 (2) of the Recast Text of the Law of the Workers ' Statute, adopted by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" 2. The transfer referred to in the preceding paragraph shall be preceded by a period of consultation with the legal representatives of workers of a duration not exceeding 15 days, when the whole of the work centre is affected, provided that (a) in the case of a worker, or where, without affecting the whole of the work centre, in a period of 90 days he or she understands a number of workers, at least:

a) Ten workers, in companies with fewer than 100 employees.

b) 10 percent of the number of workers in the company in those who occupy between one hundred and three hundred workers.

c) Thirty workers in companies that occupy more than three hundred workers.

The intervention as interlocutors to the management of the company in the consultation procedure will correspond to the trade union sections when they agree, provided that they add up the majority of the members of the company or among the staff delegates.

This consultation period should address the reasons behind the business decision and the possibility of avoiding or reducing its effects, as well as on the measures needed to mitigate its consequences for the affected workers.

The opening of the consultation period and the positions of the parties following their conclusion shall be notified to the working authority for their knowledge.

During the consultation period, the parties must negotiate in good faith, with a view to reaching an agreement.

This agreement shall require the agreement of the majority of the members of the business committee or committees, of the staff delegates, if any, or of trade union representatives, if any, which, as a whole, represent the majority of those.

In the case of the absence of legal representation of workers in the company, they may attribute their representation to a commission designated in accordance with the provisions of Article 41.4.

After the end of the consultation period, the employer shall notify the workers of his decision on the transfer, which shall be governed by all the provisions of paragraph 1 of this Article.

Against the decisions referred to in this paragraph, it may be claimed in collective conflict, without prejudice to the individual action provided for in paragraph 1 of this Article. The interposition of the conflict will paralyse the processing of the individual actions initiated, until their resolution.

The agreement with the legal representatives of the workers in the period of consultation shall be without prejudice to the right of the workers concerned to the exercise of the option provided for in the third subparagraph of paragraph 1 of this Article. this article.

The employer and the legal representation of workers may at any time agree to replace the period of consultation referred to in this paragraph by the application of the mediation or arbitration procedure which is applicable within the scope of the undertaking, which shall be developed within the maximum period specified for that period. '

Three. A new paragraph 3.b is added to Article 40 of the recast text of the Law on Workers ' Statute, adopted by Royal Legislative Decree 1/1995 of 24 March, with the following content:

" 3.ter. In order to make their right to health protection effective, workers with disabilities who demonstrate the need to receive a rehabilitation, physical or psychological treatment related to their disability will be entitled to them. (a) to take up another job, of the same professional group, which the undertaking has vacant in another of its workplaces in a locality where such treatment is more accessible, in the terms and conditions laid down in the Previous paragraph for women victims of gender-based violence and for victims of violence terrorism. "

Four. Article 40 (5) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" 5. The legal representatives of workers shall have priority to remain in the posts referred to in this Article. By collective agreement or agreement reached during the consultation period, priority may be given to staying in favour of workers from other groups, such as workers with family burdens, older workers of a certain age or persons with disabilities. "

Article 12. Substantial modification of working conditions.

One. Article 41 of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of March 24, is worded as follows:

" Article 41. Substantial modifications of working conditions.

1. The management of the undertaking may agree to substantial changes in working conditions where there are proven economic, technical, organisational or production reasons. Such services shall be considered to be related to the competitiveness, productivity or technical organisation or work of the undertaking.

They will have the consideration of substantial modifications of working conditions, among others, that affect the following subjects:

a) Workday.

b) Time and distribution of working time.

c) Shift work regime.

d) Pay and salary system.

e) The work and performance system.

(f) Functions, where they exceed the limits for functional mobility provided for in Article 39 of this Law.

2. Substantial changes in working conditions may affect the conditions recognised for workers in the contract of employment, in collective agreements or agreements or enjoyed by them under a unilateral decision of the Council. Employer of collective effects.

The modification is considered to be a collective one that, in a period of ninety days, affects at least:

a) Ten workers, in companies with fewer than 100 employees.

b) 10 percent of the number of workers in the company in those who occupy between one hundred and three hundred workers.

c) Thirty workers, in companies that occupy more than three hundred workers.

It is considered as an individual character the modification that, in the reference period established, does not reach the thresholds indicated for the collective modifications.

3. The decision to change the conditions of individual working conditions must be notified by the employer to the worker concerned and to his legal representatives at least 15 days before the date of their effectiveness.

In the cases provided for in paragraphs (a), (b), (c), (d) and (f) of this Article, if the worker is harmed by the substantial modification, he shall be entitled to terminate his contract and to receive compensation. of 20 days of salary per year of service, for months the periods of less than one year and with a maximum of nine months.

Without prejudice to the enforceability of the modification within the time limit of effectiveness cited above, the worker who has not opted for the termination of his contract will be displeased with the business decision. challenge it in the face of social jurisdiction. The judgment shall state the justified or unjustified amendment and, in the latter case, shall recognise the right of the worker to be replaced in his earlier conditions.

When in order to circumvent the forecasts contained in the following paragraph of this article, the company will make substantial changes to the working conditions in successive periods of ninety days in number less than the thresholds laid down in the second paragraph for collective amendments, without any new causes justifying such action, such new amendments shall be considered to have been made in law fraud and shall be declared null and void. effect.

4. Without prejudice to the specific procedures which may be laid down in collective bargaining, the decision on the substantial modification of working conditions of a collective nature shall be preceded by the undertakings in which there are representatives. (a) the legal basis for the employees of a period of consultation with the same duration of not more than 15 days, which shall cover the reasons for the business decision and the possibility of avoiding or reducing its effects, as well as on the measures necessary to mitigate its consequences for the workers concerned.

The intervention as interlocutors to the management of the company in the consultation procedure will correspond to the trade union sections when they agree, provided that they add up the majority of the members of the company or among the staff delegates.

During the consultation period, the parties will have to negotiate in good faith, with a view to reaching an agreement. Such an agreement shall require the agreement of the majority of the members of the business committee or committees, of the staff delegates, where appropriate, or of trade union representatives, if any, which, as a whole, represent the majority of the those.

In companies where there is no legal representation of the same, they may choose to attribute their representation for the negotiation of the agreement, at their choice, to a commission of up to three integrated members. workers of the company itself and elected by those democratically or to a commission of equal number of components designated, according to their representativeness, by the most representative and representative trade unions of the sector to which the undertaking belongs and that they were legitimate to be part of the negotiating commission of the collective agreement application to the same.

In all cases, the designation must be made within five days of the start of the consultation period, without the lack of designation being able to bring about the cessation of the appointment. The agreements of the commission will require the favorable vote of the majority of its members. In the event that the negotiations are carried out with the commission whose members are appointed by the trade unions, the employer may attribute its representation to the business organisations in which it is integrated, which may be the same. more representative at the regional level, and irrespective of the organisation in which it is composed of a cross-sectoral or sectoral nature.

The employer and the representation of the employees may at any time agree to replace the period of consultation with the mediation or arbitration procedure that is applicable in the field of the company, which it must be developed within the maximum period prescribed for that period.

Where the period of consultations is terminated by agreement, the supporting causes referred to in paragraph 1 shall be presumed to be present and may be challenged only before the competent jurisdiction for the existence of fraud, or abuse of law in its conclusion. This is without prejudice to the right of the workers concerned to exercise the option provided for in the second subparagraph of paragraph 3 of this Article.

5. The decision on the collective modification of the working conditions shall be notified by the employer to the employees after the end of the period of consultations without agreement and shall take effect within seven days of the end of the period of notification.

Against the decisions referred to in this paragraph, it may be claimed in collective conflict, without prejudice to the individual action provided for in paragraph 3 of this Article. The interposition of the conflict will paralyse the processing of individual actions initiated until their resolution.

6. The modification of the working conditions laid down in the collective agreements covered by Title III of this Law shall be carried out in accordance with the provisions of Article 82.3.

7. In the case of transfers, the specific rules laid down in Article 40 of this Law shall apply. "

Two. Article 50 (1) (a) of the recast text of the Law on Workers ' Statute, adopted by Royal Decree-Law 1/1995 of 24 March, is worded as follows:

"(a) The substantial changes in the working conditions carried out without respecting the provisions of Article 41 of this Law and which result in the detriment of the dignity of the worker."

Article 13. Suspension of the contract or reduction of the day for economic, technical, organizational or production causes or derived from force majeure.

Article 47 of the Recast Text of the Law of the Workers ' Statute, approved by Royal Decree-Legislative 1/1995, of March 24, is worded as follows:

" Article 47. Suspension of the contract or reduction of working time for economic, technical, organizational or production reasons or derived from force majeure.

1. The employer may suspend the contract of employment for economic, technical, organisational or production reasons.

It is understood that economic causes are present when the results of the company result in a negative economic situation, in cases such as the existence of current or anticipated losses, or the persistent decrease in their level of revenue or sales. In any event, the decrease is understood to be persistent if for two consecutive quarters the level of revenue or sales for each quarter is lower than that recorded in the same quarter of the previous year.

It is understood that technical causes are present when changes occur, among others, in the field of means or instruments of production; organizational causes when changes occur, among others, in the field of systems and methods of staff work or in the way of organizing production and production causes when changes occur, among others, in the demand for the products or services that the company intends to place on the market.

The procedure, which shall be applicable to any number of employees of the undertaking and the number of persons affected by the suspension, shall be initiated by means of communication to the competent labour authority and the simultaneous opening of a period of consultation with the legal representatives of workers of a duration not exceeding 15 days.

The labour authority shall transfer the business communication to the managing body of the unemployment benefits and shall seek a mandatory report from the Labour and Social Security Inspectorate on the end of the work. communication and on the development of the consultation period. The report shall be evacuated within a period of 15 days from the notification to the working authority of the end of the consultation period and shall be incorporated in the procedure.

In the case of the absence of legal representation of workers in the company, they may attribute their representation to a commission designated in accordance with the provisions of Article 41.4.

When the period of consultations is concluded by agreement, the supporting causes referred to in the first subparagraph shall be presumed to be present and may be challenged only before the competent jurisdiction for the existence of fraud, Right of action or abuse of law in its conclusion.

The employer and the representation of the employees may at any time agree to replace the period of consultation with the mediation or arbitration procedure that is applicable in the field of the company, which it must be developed within the maximum period prescribed for that period.

After the end of the consultation period, the employer shall notify the employees and the employment authority of their decision on the suspension. The employment authority shall communicate the business decision to the managing body of the unemployment benefit, the date from which the business decision on the suspension of the contracts shall take effect, unless a decision is taken on the back.

The business decision may be challenged by the labour authority at the request of the managing body of the unemployment benefit where the latter could have as its object the misuse of the benefits by the workers affected by the absence of the motivating cause of the legal situation of unemployment.

Against the decisions referred to in this paragraph, the worker shall be entitled to claim to the social jurisdiction that he shall declare the measure justified or unjustified. In the latter case, the judgment shall declare the immediate resumption of the contract of employment and shall condemn the employer to the payment of the wages paid by the worker to the date of the resumption of the contract or, where appropriate, to the payment of the differences in respect of the amount received in respect of unemployment benefits during the period of suspension, without prejudice to the reimbursement to be made by the employer of the amount of such benefits to the institution management of the payment of the same. Where the business decision concerns a number of workers equal to or greater than the thresholds provided for in Article 51.1 of this Law, it may be claimed in collective conflict, without prejudice to individual action. The interposition of the collective conflict will paralyse the processing of the individual actions initiated, until their resolution.

2. The working day may be reduced by economic, technical, organisational or production reasons in accordance with the procedure laid down in the preceding paragraph. For these purposes, the temporary reduction of between 10 and 70% of the working day on the basis of a daily, weekly, monthly or annual working day shall be understood as a reduction. During the period of reduction, overtime shall not be possible except for force majeure.

3. Similarly, the employment contract may be suspended due to force majeure in accordance with the procedure laid down in Article 51.7 of this Law and regulations for development.

4. During the suspension of contracts or the reduction of working hours, the development of training activities linked to the occupational activity of the affected workers, the aim of which is to increase their polyvalence or to increase their employability. "

Article 14. Collective bargaining.

One. Article 82 (3) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" 3. The collective agreements governed by this Law oblige all employers and workers within their scope and throughout the period of their validity.

Without prejudice to the foregoing, when economic, technical, organizational or production causes are present, by agreement between the company and the representatives of the workers entitled to negotiate a collective agreement as As provided for in Article 87 (1), it may, after a period of consultation in accordance with Article 41.4, be carried out to inapply the working conditions laid down in the applicable collective agreement in the undertaking to the undertaking, whether or not of a company, affecting the following matters:

a) Workday.

b) Schedule and the distribution of the working time.

c) Shift work regime.

d) Pay and salary system.

e) The work and performance system.

(f) Functions, where they exceed the limits for functional mobility provided for in Article 39 of this Law.

g) Voluntary improvements to the protective action of Social Security.

It is understood that economic causes are present when the results of the company result in a negative economic situation, in cases such as the existence of current or anticipated losses, or the persistent decrease in their level of revenue or sales. In any event, the decrease is understood to be persistent if for two consecutive quarters the level of revenue or sales for each quarter is lower than that recorded in the same quarter of the previous year.

It is understood that technical causes are present when changes occur, among others, in the field of means or instruments of production; organizational causes when changes occur, among others, in the field of systems and methods of work of the staff or in the way of organizing production, and productive causes when changes occur, among others, in the demand for the products or services that the company intends to place on the market.

In the case of the absence of legal representation of workers in the company, they may attribute their representation to a commission designated in accordance with the provisions of Article 41.4.

When the period of consultations is concluded by agreement, the supporting causes referred to in the second subparagraph shall be presumed to be present, and may be challenged only in the case of social jurisdiction for the existence of fraud, duress or abuse of law in its conclusion. The agreement shall determine exactly the new working conditions applicable to the undertaking and its duration, which may not be extended beyond the time when a new agreement is applicable in that undertaking. The non-application agreement may not give rise to the failure to comply with the obligations laid down in the Convention relating to the elimination of discrimination on grounds of gender or which are envisaged, where appropriate, in the Equality Plan. applicable in the company. The agreement must also be notified to the joint committee of the collective agreement.

In case of disagreement during the period of consultations either party may submit the discrepancy to the commission of the convention, which will have a maximum of seven days to decide, to count since the Discrepancy was raised. Where the intervention of the commission has not been requested or the commission has not reached an agreement, the parties shall have recourse to the procedures laid down in the inter-branch agreements at State or regional level, provided for in Article 1 (1). in Article 83 of this Law, in order to deal effectively with the discrepancies arising in the negotiation of the agreements referred to in this paragraph, including the prior commitment to submit the discrepancies to a binding arbitration, in the arbitration award shall be of the same effectiveness as the agreements in the period of consultations and only be subject to the procedure and on the basis of the grounds laid down in Article 91.

When the consultation period ends without agreement and the procedures referred to in the preceding paragraph are not applicable or the discrepancy has not been fixed, either party may submit the solution. of the same to the National Consultative Commission of Collective Agreements when the inapplication of the working conditions affects to the job centers of the company located in the territory of more than one autonomous community, or to the organs corresponding to the autonomous communities in other cases. The decision of these bodies, which may be adopted within their own body or by a arbitrator appointed for the purpose by themselves with due guarantees to ensure their impartiality, shall be issued within a period of not more than 25 days from from the date of the submission of the conflict to those bodies. Such a decision shall have the effectiveness of the agreements reached in the period of consultations and shall only be used in accordance with the procedure and on the basis of the grounds laid down in Article 91.

The outcome of the procedures referred to in the preceding paragraphs that have ended with the application of working conditions shall be communicated to the labour authority for the sole purpose of deposit. "

Two. Article 84 (1) of the recast text of the Law on Workers ' Statute, adopted by Royal Decree-Law 1/1995 of 24 March, is worded as follows:

" 1. A collective agreement, during its term of validity, may not be affected by agreements of a different scope unless otherwise agreed, negotiated in accordance with the provisions of Article 83 (2), except as provided for in paragraph 2. next. "

Three. Article 84 (2) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of 24 March, is worded as follows:

" 2. The regulation of the conditions laid down in a company agreement, which may be negotiated at any time during the validity of collective agreements at a higher level, will have priority to apply in respect of the State, regional, and regional or lower-level in the following subjects:

(a) The amount of the basic salary and salary supplements, including those linked to the company's situation and results.

b) Credit or compensation for overtime and specific pay for shift work.

c) Time and distribution of working time, shift work arrangements and annual holiday planning.

d) Adaptation to the business of the professional classification system of workers.

e) The adaptation of the aspects of the procurement modalities that are attributed by this Law to the business agreements.

f) Measures to promote reconciliation between work, family and personal life.

(g) Those other than the collective agreements and agreements referred to in Article 83.2.

Equal application priority will have in these matters collective agreements for a group of companies or a plurality of companies linked for organizational or productive reasons and nominally identified to which Article 87.1.

The collective agreements and agreements referred to in Article 83.2 may not have the application priority provided for in this paragraph. "

Four. Article 85 (3) of the recast text of the Law on Workers ' Statute, adopted by Royal Decree-Law 1/1995 of 24 March, is worded as follows:

" 3. Without prejudice to the freedom of procurement referred to in the preceding subparagraph, collective agreements shall express as a minimum content the following:

a) Determination of the parts that make them aware.

b) Personal, functional, territorial, and temporal scope.

(c) Procedures for effectively resolving any discrepancies that may arise for the non-application of the working conditions referred to in Article 82.3, adapting, where appropriate, the procedures to be followed. establish in this respect inter-branch agreements at State or regional level in accordance with the provisions of that Article.

d) Form and conditions of denunciation of the agreement, as well as the minimum time limit for such denunciation before the end of its validity.

e) Designation of a joint committee of the representation of the negotiating parties to understand those questions established in the law and how many others are attributed to it, as well as the establishment of the procedures and time limits for action by this committee, including the submission of discrepancies in the non-judicial systems for the settlement of disputes established by means of inter-branch agreements at the State or regional level provided for in Article 83. "

Five. Article 86 (1) of the recast text of the Law on Workers ' Statute, adopted by Royal Decree-Law 1/1995 of 24 March, is worded as follows:

" 1. It is up to the negotiating parties to establish the duration of the agreements, possibly allowing for different periods of validity for each material or homogeneous group of subjects within the same convention.

During the duration of the collective agreement, the subjects who meet the legitimization requirements provided for in Articles 87 and 88 of this Law may negotiate their review. "

Six. Article 86 (3) of the recast text of the Law on Workers ' Statute, adopted by Royal Decree-Law 1/1995 of 24 March, is worded as follows:

" 3. The validity of a collective agreement, once the agreed duration has been terminated and terminated, will occur in the terms that would have been established in the agreement itself.

During the negotiations for the renewal of a collective agreement, in the absence of a pact, its validity will be maintained, although the conventional clauses for which the strike would have been waived for the duration of a The Convention shall be concluded on the basis of its complaint. The parties may adopt partial agreements for the modification of some or some of their extended contents in order to adapt them to the conditions in which, after the termination of the agreed term, the activity in the sector is carried out or in the company. These agreements shall have the effect that the parties determine.

By means of inter-professional agreements at the State or regional level, provided for in Article 83, procedures for general and direct application must be established in order to deal effectively with existing discrepancies. after the course of the negotiation procedure without reaching an agreement, including the prior commitment to submit the discrepancies to an arbitration, in which case the arbitral award shall have the same legal effectiveness as the collective agreements and only be used in accordance with the procedure and on the basis of the reasons set out in the Article 91. Such inter-branch agreements shall specify the criteria and procedures for the development of the arbitration, expressing in particular the failure to agree within the negotiating committee on the compulsory or compulsory nature of the voluntary submission to the arbitration proceedings by the parties; in the absence of a specific agreement on the compulsory or voluntary nature of the submission to the arbitral proceedings, the arbitration shall be deemed to be binding.

Elapsed one year after the denunciation of the collective agreement without the agreement of a new agreement or the award of an arbitration award, the latter shall, unless otherwise agreed, be forfeited and the collective agreement shall apply, if any top-level application that is out of application. "

Seven. Article 89 (2) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" 2. Within one month of the receipt of the communication, the special negotiating body shall be set up; the receiving party of the communication shall respond to the proposal for negotiation and both parties shall draw up a timetable or negotiation plan. "

Eight. Article 90 (3) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of March 24, is worded as follows:

" 3. Within the maximum period of 20 days from the date of submission of the agreement in the register, the labour authority shall have its compulsory and free publication in the "Official State Gazette" or, depending on the territorial scope of the contract, in the "Official Journal of the Autonomous Community" or in the "Official Gazette" of the province concerned. "

Article 15. Measures to support the suspension of contracts and the reduction of working hours.

1. Companies will be entitled to a 50 percent bonus of business quotas to Social Security for common contingencies, earned by workers in situations of contract suspension or temporary reduction of working hours. economic, technical, organisational or production causes or force majeure, including the suspensions of collective contracts dealt with in accordance with insolvency law. The duration of the allowance shall be consistent with the unemployment situation of the worker, without in any case being able to exceed 240 days per worker.

2. In order to obtain the allowance, it is necessary for the employer to undertake to keep the workers concerned in employment for at least one year after the end of the suspension or reduction. In the event of non-compliance with this obligation, it shall reintegrate the bonuses applied in respect of such workers, without prejudice to the application of the provisions of the recast of the Law on Infringements and Sanctions in the Order Social, approved by Royal Legislative Decree 5/2000 of 4 August.

This obligation shall not be deemed to be unfulfilled when the employment contract is terminated by disciplinary dismissal declared as coming, resignation, death, retirement or permanent total incapacity, absolute or great invalidity of the worker.

Companies that have either extinguished or extinged by recognised or declared unfair dismissal or collective redundancy contracts to which the allowance provided for in this Article has been applied shall be excluded for a period of twelve months of the application of bonuses in the social security contributions. This exclusion will affect a number of contracts equal to that of the extinctions produced. The period of exclusion shall be based on the recognition or declaration of the origin of the dismissal or of the extinction resulting from the collective dismissal.

3. Article 1.3 and 1.4 of Law 43/2006 of 29 December 2006 for the improvement of growth and employment, as well as the requirements laid down in Article 5, shall apply the exclusions laid down in points (a) and (b) of the Article 6.1, and the provisions of Article 9 on drawback of benefits.

4. The allowances referred to in this Article shall be compatible with other public aid provided for the same purpose, including those covered by the Employment Promotion Programme, without in any event the sum of the allowances applicable to the applicable 100 per 100 of the business share to the Social Security.

5. The provisions of this Article shall apply to the suspensions of work contracts or reductions in working time starting from 1 January 2012 until 31 December 2013.

6. The State Employment Public Service will carry out a quarterly follow-up of the bonus set out in this article, to ensure that the requirements and purpose of the bonus are met.

Article 16. Replacement of the right to unemployment benefit.

1. Where a company, pursuant to Article 47 of the recast of the Workers ' Statute Act or a bankruptcy procedure, has suspended employment contracts, whether on an ongoing basis or not, or has reduced the number of days or hours of work, and subsequently contracts under Articles 51 or 52.c) of the recast of the Law of the Workers ' Statute, or of Article 64 of Law 22/2003, of July 9, Insolvency, the workers affected shall be entitled to the replacement of the duration of the contributory level unemployment benefit by the same number of days they have received total or partial unemployment under those suspensions or reductions with a maximum limit of 180 days, provided that the following conditions are met:

(a) That the suspensions or reductions in day have occurred between 1 January 2012 and 31 December 2012, both inclusive.

b) That the dismissal occurs between 12 February 2012 and 31 December 2013.

2. The replacement provided for in paragraph 1 of this Article shall apply when at the time of the termination of the employment relationship:

(a) The right to unemployment benefit is resumed.

(b) The right to the initial unemployment benefit shall be reopened, in the exercise of the right of option provided for in Article 210.3 of the recast of the General Law on Social Security, approved by Royal Decree Legislative 1/1994 of 20 June.

(c) Unemployment benefit has been exhausted during the suspension or reduction of working hours and no new right to benefit from contributory unemployment has been generated.

3. The replacement provided for in this Article shall apply to the same right to unemployment benefit which was consumed during the temporary suspension or temporary reduction of the working day.

The basis of quotation and the amount to be collected during the period of the replacement shall be the same as those corresponding to the periods to be replenished.

4. The right to a replacement shall be recognised on its own initiative by the managing body in cases where the resumption or reopening of the unemployment benefit is sought.

In the cases where the right is exhausted, the replacement should be requested, with the application of Article 209 of the General Law of Social Security.

5. Aid granted for the replacement of unemployment benefits to workers included in the support schemes to facilitate the adjustment of the labour market in the sectors affected by structural changes in world trade, in accordance with the (a) the aid granted by the Ministry of Labour and Social Security to workers affected by processes of conversion and/or restructuring of the labour market is determined in the abovementioned support plans and in the Order of 5 April 1995 determining the aid to be granted by the Ministry of Labour and Social Security companies, they will not be cumulative to the replenishment of benefits established in this article.

CHAPTER IV

Measures to promote the efficiency of the labour market and reduce work duality

Article 17. Temporary suspension of the application of Article 15 (5) of the Staff Regulations.

Article 5 of Royal Decree-Law 10/2011 of 26 August of urgent measures for the promotion of employment of young people, the promotion of stability in employment and the maintenance of the vocational training programme persons who have exhausted their protection by unemployment, shall be worded as follows:

" 1. Until 31 December 2012, the application of the provisions of Article 15 (5) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of March 24, is suspended.

2. For the purposes of the preceding paragraph, the period of 24 months and the period of 30 referred to in Article 15 (5) of the Staff Regulations shall be excluded from the calculation of the time elapsed between 31 December August 2011 and 31 December 2012, there has been or has not been the provision of services by the worker between those dates, in any case being computed for the purposes of the above mentioned periods of service, respectively, prior to or after the same. "

Article 18. Termination of the work contract.

One. Article 49 (1) (h) of the recast text of the Law on Workers ' Statute, adopted by Royal Decree-Law 1/1995 of 24 March, is worded as follows:

"(h) By force majeure which makes the provision of work impossible definitively, provided that its existence has been duly established in accordance with the provisions of Article 51 (7)."

Two. Article 49 (1) (i) of the recast text of the Law on Workers ' Statute, adopted by Royal Decree-Law 1/1995 of 24 March, is worded as follows:

"i) By collective dismissal founded on economic, technical, organizational or production causes."

Three. Article 51 of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of March 24, is worded as follows:

" Article 51. Collective redundancy.

1. For the purposes of this Law, collective redundancies shall mean the termination of work contracts based on economic, technical, organisational or production causes where, within a period of 90 days, the extinction of the contract is at least to:

a) Ten workers, in companies with fewer than 100 employees.

b) 10 percent of the number of workers in the company in those who occupy between one hundred and three hundred workers.

c) Thirty workers in companies that occupy more than three hundred workers.

It is understood that economic causes are present when the results of the company result in a negative economic situation, in cases such as the existence of current or anticipated losses, or the persistent decrease in their level of revenue or sales. In any event, the decrease is understood to be persistent if for three consecutive quarters the level of revenue or sales for each quarter is lower than that recorded in the same quarter of the previous year.

It is understood that technical causes are present when changes occur, among others, in the field of means or instruments of production; organizational causes when changes occur, among others, in the field of systems and methods of staff work or in the way of organizing production and production causes when changes occur, among others, in the demand for the products or services that the company intends to place on the market.

It shall also be understood as collective dismissal for the termination of employment contracts affecting the entire workforce, provided that the number of workers affected is higher than five, when the number of workers concerned is higher than five. produces as a result of the total cessation of its business activity based on the same causes above.

For the purposes of calculating the number of contract extinctions referred to in the first subparagraph of this paragraph, account shall also be taken of any other produced in the reference period on the initiative of the employer in other reasons not inherent in the person of the worker other than those provided for in Article 49.1 (c) of this Law, provided that their number is at least five.

When in successive periods of ninety days and in order to circumvent the forecasts contained in this article, the company makes contract extinctions under the provisions of article 52.c) of this Law in a the number below the thresholds indicated, and without new causes justifying such action, such new extinctions shall be deemed to have been made in law fraud, and shall be declared null and void.

2. Collective redundancies must be preceded by a period of consultation with the legal representatives of workers of a duration not exceeding 30 calendar days, or 15 in the case of companies of less than 50 employees. The consultation with the legal representatives of the workers must be at least on the possibilities of avoiding or reducing collective redundancies and of mitigating their consequences through the use of accompanying social measures, such as as recolocation measures or vocational training or retraining measures for the improvement of employability.

The communication of the opening of the consultation period will be made in writing by the employer to the legal representatives of the workers, a copy of which will be sent to the labour authority. The following points shall be entered in that document:

(a) The specification of the causes of collective redundancy as set out in paragraph 1.

b) Number and professional classification of workers affected by dismissal.

c) The number and professional classification of workers habitually employed in the last year.

d) Planned period for the completion of redundancies.

e) Criteria taken into account for the designation of workers affected by redundancies.

This communication must be accompanied by an explanatory note of the causes of collective dismissal and the other aspects mentioned in the previous paragraph.

The communication to the legal representatives of the workers and the labor authority must be accompanied by all the information necessary to prove the motivating causes of the collective dismissal in the terms that rules are determined.

Received the communication, the labour authority will transfer the same to the managing body of the unemployment benefits and will seek, with a mandatory nature, the report of the Labour and Social Security Inspectorate on the (a) the Commission shall, in accordance with Article 4 (2) of Regulation (EU) No thereof, provide the following information: The report shall be evacuated within a period of 15 days from the notification to the working authority of the end of the consultation period and shall be incorporated in the procedure.

The intervention as interlocutors to the management of the company in the consultation procedure will correspond to the trade union sections when they agree, provided they have the majority representation in the Business committees or among staff delegates.

In the case of the absence of legal representation of workers in the company, they may attribute their representation for the period of consultation to a commission designated in accordance with the provisions of Article 41.4.

During the consultation period, the parties must negotiate in good faith, with a view to reaching an agreement.

The employer and the representation of the employees may at any time agree to replace the period of consultation with the mediation or arbitration procedure that is applicable in the field of the company, which it must be developed within the maximum period prescribed for that period.

The employment authority shall ensure the effectiveness of the consultation period and may, where appropriate, forward warnings and recommendations to the parties which shall in no case be brought to a standstill or suspension of the procedure. Similarly and without prejudice to the provisions of the preceding paragraph, the working authority may, at the joint request of the parties, carry out the mediation actions which are appropriate for the purpose of seeking a solution. solutions to the problems posed by collective redundancies. For the same purpose it may also perform assistance functions at the request of either party or on its own initiative.

After the consultation period, the employer shall inform the working authority of the outcome of the consultation. If agreement has been reached, it will be a full copy of the agreement. If not, it shall forward to the workers ' representatives and to the labour authority the final collective redundancy decision which it has taken and the conditions of the decision.

3. Where the extinction affects more than 50 per 100 of the employees, the employer shall take account of the sale of the goods of the undertaking, except those which constitute the normal traffic of the undertaking, to the legal representatives of the employees. workers, and also the competent authority.

4. The decision of the employees ' representatives shall be communicated to the employer, the employer may notify the employees individually of the redundancies, which he must carry out in accordance with Article 53.1 of this Law. In any event, at least 30 days between the date of the communication of the opening of the consultation period to the labour authority and the date of termination of the dismissal shall be at least 30 days.

5. The legal representatives of the employees will have priority of staying in the company in the cases referred to in this article. By collective agreement or agreement reached during the consultation period, priority may be given to staying in favour of other groups, such as workers with family burdens, elderly people of particular age or persons with disability.

6. The business decision may be challenged through the actions envisaged for this dismissal. The interposition of the demand by the representatives of the workers will paralyze the processing of the individual actions initiated, until the resolution of that.

The employment authority may challenge the agreements adopted in the period of consultation when it considers that such agreements have been reached by fraud, intent, coercion or abuse of rights for the purposes of their possible declaration of invalidity, as well as where the managing body of the unemployment benefits has reported that the late business decision may have as its object the improper obtaining of the benefits by the workers affected by the absence of the cause motivating the legal status of unemployment.

7. The existence of force majeure, as a cause for the termination of employment contracts, must be established by the labour authority, irrespective of the number of the workers concerned, following a procedure carried out in accordance with the provided for in this paragraph and in its provisions for regulatory development.

The procedure will be initiated by application of the company, accompanied by the means of proof that it deems necessary and simultaneous communication to the legal representatives of the workers, who will have the condition of interested party to the entire processing of the procedure.

The resolution of the labour authority shall, in advance of the necessary actions and reports, be issued within five days of the request and shall, where appropriate, be limited to the existence of the force majeure alleged by the the company, corresponding to the decision on the extinction of the contracts, that will take effect from the date of the fact causing the force majeure. The company must transfer the decision to the employees ' representatives and to the labour authority.

The labour authority which finds the force majeure may agree that all or part of the compensation corresponding to the workers affected by the termination of their contracts is satisfied by the Guarantee Fund. Wage, without prejudice to the right of the employer to resarcirse.

8. The obligations of information and documentation provided for in this Article shall apply irrespective of whether the decision on collective redundancies has been taken by the employer or by the undertaking exercising control over it. Any justification by the employer based on the fact that the undertaking which took the decision has not provided the necessary information to it cannot be taken into consideration for that purpose.

9. In the case of procedures for the collective redundancies of undertakings which do not incur insolvency proceedings, which include workers with fifty-five or more years of age who do not have the status of mutualists on 1 January 1967, the the obligation to pay the fees for the financing of a special agreement for the workers referred to above in the terms laid down in the General Law on Social Security.

10. The undertaking carrying out a collective dismissal affecting more than 50 employees must provide the workers concerned with an external relocation plan through approved repositioning undertakings. This plan, designed for a period of at least six months, must include training and vocational guidance measures, personalised attention to the worker concerned and the active search for employment. In any event, the foregoing shall not apply to undertakings which have undergone a bankruptcy procedure. The cost of drawing up and implementing such a plan will in no case be borne by the workers.

The employment authority, through the competent public employment service, shall verify the accreditation of compliance with this obligation and, where appropriate, require the company to comply with it.

Without prejudice to the foregoing paragraph and the corresponding administrative responsibilities, failure to comply with the obligation laid down in this paragraph or the accompanying social measures taken by the employer, it may give rise to the claim of compliance by the employees.

11. Companies that make collective redundancies in accordance with the provisions of this Article, and which include workers of fifty or more years of age, must make an economic contribution to the Treasury in accordance with the provisions of this Article. legally. "

Four. Article 52 (b) of the recast text of the Law of the Workers ' Statute, adopted by Royal Decree-Law 1/1995 of 24 March, is worded as follows:

" (b) For lack of adaptation of the worker to the technical modifications operated at his/her job, where such changes are reasonable. In advance, the employer must offer the worker a course aimed at facilitating adaptation to the changes that have been made. The time spent on training shall in any case be considered to be effective working time and the employer shall pay the worker the average salary to be paid. The termination may not be agreed by the employer until at least two months after the amendment has been introduced or since the training for the adaptation has been completed. '

Five. Article 52 (d) of the recast text of the Law of the Workers ' Statute, adopted by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" (d) For still justified but intermittent work attendance failures, which reach 20% of the working days in two consecutive months provided that the total attendance faults in the previous 12 months is reached Five per cent of working days, or 25% in four discontinuous months within a period of 12 months.

Not to be counted as non-attendance, for the purposes of the preceding paragraph, the absences due to legal strike for the duration of the same, the exercise of activities of legal representation of the workers, accident at work, maternity, risk during pregnancy and breast-feeding, diseases caused by pregnancy, birth or breast-feeding, paternity, leave and holidays, sickness or non-work accident where the discharge has been agreed by the services (a) official health care and a duration of more than 20 consecutive days, and the physical or psychological situation arising from gender-based violence, accredited by the social services of health care or services, as appropriate.

No absences due to medical treatment of cancer or serious illness will be computed. "

Six. The penultimate paragraph of Article 53 (4) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" The extinguishing decision shall be deemed to have been taken provided that the concurrency of the cause on which the late decision was founded has been established and the requirements laid down in paragraph 1 of this Article have been met. Otherwise it will be considered inappropriate. "

Seven. Article 56 (1) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of March 24, is worded as follows:

" 1. Where the dismissal is declared inadmissible, the employer may, within five days of the notification of the judgment, choose between the readmission of the worker or the payment of an indemnity equivalent to thirty-three days ' salary. year of service, pro rata for months periods of time less than one year, up to a maximum of twenty-four monthly payments. The option for compensation shall determine the termination of the employment contract, which shall be deemed to be produced on the date of the effective cessation of the work. "

Eight. Article 56 (2) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" 2. In the event of a readmission being opted for, the worker shall be entitled to the processing wages. These shall be equal to an amount equal to the sum of the wages left to be paid from the date of dismissal until the notification of the judgment declaring the imprecence or until another employment has been found, if such placement is prior to that judgment and probate by the employer, for his or her discount on the processing wages. "

Nine. Article 56 (4) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" 4. If the dismissal is a legal representative of the workers or a trade union delegate, the option shall always be for the latter. If the option is not to be made, it will be understood to be a readmission. Where the option, expressed or presumed, is in favour of readmission, it shall be required. If you opt for the allowance as if you do so for readmission, you shall be entitled to the processing salaries referred to in paragraph 2. '

Ten. Article 57 (1) of the Recast Text of the Law on Workers ' Statute, adopted by Royal Decree-Law 1/1995 of 24 March, is worded as follows:

" 1. Where the judgment declaring the dismissal of the dismissal is given more than 60 working days from the date on which the application was filed, the employer may claim to the State the payment of the economic perception to which he refers Article 56 (2) of this Law, corresponding to the time exceeding those 60 days. "

Once. Article 8 (14) of the recast of the Law on Infringements and Sanctions in the Social Order, adopted by Royal Decree-Law 5/2000 of 4 August, is hereby worded as follows:

" 14. Failure by the employer to comply with the obligation laid down in Article 51 (10) of the Staff Regulations or the accompanying social measures taken by the employer in the context of the dismissal proceedings collective. "

Article 19. Salary Guarantee Fund.

Article 33 (8) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" 8. In contracts of an indefinite nature concluded by undertakings of less than twenty-five workers, where the contract is terminated by the causes provided for in Articles 51 and 52 of this Law or in Article 64 of Law 22/2003 of 9 July, Insolvency, the Salarial Guarantee Fund shall pay the worker a portion of the allowance in amount equal to eight days ' salary per year of service, prorating for months the periods of time of less than one year. The Fund shall not be liable for compensation in the case of any of the late decisions arising out of the employer, in such cases, the full payment of the compensation.

The calculation of the amount of this credit shall be made on the allowances adjusted to the limits provided for in paragraph 2 of this Article. "

CHAPTER V

Amendments to Law 36/2011 of October 10, regulating social jurisdiction

Article 20. Of jurisdiction and jurisdiction.

One. Article 2 (n) of Law 36/2011, of 10 October, Regulatory of Social Jurisdiction, is worded as follows:

(n) In the case of administrative decisions of the labour authority, the procedures provided for in Article 47 (3) and Article 51 (7) of the recast of the Law on the Staff Regulations of the European Communities the Workers, approved by Royal Legislative Decree 1/1995, of March 24, as well as the relapses in the exercise of the sanctioning power in labor and labor matters and, in respect of the other impeachments of other acts of the Administrations public subject to Administrative Law in the exercise of their powers and functions in matters labour and trade unions who put an end to the administrative route, provided that in this case their knowledge is not attributed to another court order. "

Two. Article 6 (2) (a) of Law 36/2011, of 10 October, Regulation of the Social Jurisdiction, is worded as follows:

"(a) The organs of the General Administration of the State and of the public bodies linked to or dependent on it, provided that their organic level is lower than that of the Minister or Secretary of State."

Three. Article 7 of Law 36/2011 of 10 October, Regulatory of Social Jurisdiction, is worded as follows:

" The Social Rooms of the Supreme Courts of Justice will know:

(a) In a single instance, of the proceedings on the matters referred to in points (f), (g), (h), (j), (k) and (l) of Article 2 where they extend their effects to a territorial area higher than that of the district of a Court of Social and not superior to that of the Autonomous Community, as well as all those who expressly attribute to them the laws.

They are in a single instance of the collective dismissal proceedings challenged by the workers ' representatives in accordance with the provisions of Article 124 (1) to (10) of this Law, when they extend their effects. a territorial scope not exceeding that of an Autonomous Community.

In addition, they will be aware in a single instance of the ex officio processes provided for in Article 148 (b) of this Law and of the processes of impeachment of the administrative resolutions which are the subject of the procedures provided for in the Article 51 (7) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of 24 March, in accordance with the provisions of Article 151 of this Law, when the agreement or administrative act The contested decision extends its effects to a territorial area not exceeding that of an Autonomous Community.

(b) Also in a single instance, of the proceedings of challenge of acts of public administrations attributed to the social order in Article 2 (n) and (s), when they have been dictated by the Council of Government of the Autonomous Community or by organs of the General Administration of the State with an organic level of Minister or Secretary of State, provided that, in the latter case, the act has confirmed, in the course of appeal or in the procedure of audit or guardianship, which have been dictated by different bodies or bodies with jurisdiction throughout the territory national.

c) Of the pleading resources set forth in this Law against the judgments handed down by the Courts of the Social of your constituency.

d) Of the appeals against the decisions of the judges of the market as provided for in Articles 64.8 and 197.8 of the Law on Jurisdiction.

e) Of the questions of competence that arise between the Courts of the Social of your constituency. "

Four. Article 8 (1) of Law 36/2011, of 10 October, Regulatory of Social Jurisdiction, is worded as follows:

" 1. The National Court's Chamber of Social Affairs shall in a single instance be aware of the matters referred to in points (f), (g), (h), (j), (k) and (l) of Article 2 when they extend their effects to a territorial area higher than that of a The Autonomous Community or, in the case of an objection, to have corresponded, where appropriate, to this Chamber, the knowledge of the matter submitted to arbitration.

In a single instance of the collective dismissal proceedings challenged by the workers ' representatives in accordance with the provisions of paragraphs 1 to 10 of Article 124 of this Law, when they extend their effects to a territorial scope higher than that of an Autonomous Community.

In addition, you will be aware in a single instance of those of the processes of trade referred to in Article 148 (b) of this Law and of the processes of impeachment of the administrative decisions that have been put in place in the procedures provided for in this Law. In Article 51 (7) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of 24 March, in accordance with the provisions of Article 151 of this Law, when the agreement or act The contested administrative measures extend their effects to a territorial area higher than that of a Community Autonomic. "

Five. Article 2 (h) of Law 36/2011, of 10 October, Regulatory of Social Jurisdiction, is hereby worded as follows:

" On the challenge of collective agreements and agreements, whatever their effectiveness, including those agreed by public administrations when they are exclusively applicable to labour personnel, as well as on the challenge of Arbitrators of a social nature, including those issued in substitution of collective bargaining, in collective disputes, in dispute settlement procedures and in procedures for consultation in geographical mobility, amendments collective work conditions and collective redundancies, as well as in temporary suspensions and reductions. If they have been issued in respect of public administrations, where such awards are exclusive to the workforce. "

Article 21. Of the procedural acts.

One. The first subparagraph of Article 43 (4) of Law 36/2011, of 10 October, Regulatory of Social Jurisdiction, is worded as follows:

" 4. The days of August shall be non-working, except in the case of the procedural arrangements for dismissal, the termination of the contract of employment of Articles 50, 51 and 52 of the recast of the Law on Workers ' Statute, geographical mobility, amendment substantial of the working conditions, suspension of the contract and reduction of working hours for economic, technical, organizational or production causes or derived from force majeure, rights of reconciliation of the personal, family and work of the Article 139, impeachment of senior doctors, holidays, electoral matters, conflicts collective agreements, the challenge of collective agreements and the protection of fundamental rights and public freedoms, both in the declarative process and in the process of recourse or execution. "

Two. Article 31 of Law 36/2011 of 10 October, Regulatory of Social Jurisdiction, is worded as follows:

" Article 31. Accumulation with processes initiated at the instance of the labour authority.

To the ex officio processes initiated under the communication of the labour authority regulated in Article 148 shall be accumulated, in accordance with the above rules, the individual claims in which the identity of persons and The Court of Justice held that the Court of Justice held that the Court of Justice Such cumulation shall be agreed by the court or tribunal by order. '

Three. Article 32 (3) of Law 36/2011, of 10 October, Regulatory of Social Jurisdiction, is worded as follows:

" 3. The challenge of an administrative act affecting a plurality of addressees shall be cumulated with those which are brought forward after that act, even if their knowledge was initially shared with another court or tribunal. court. "

Article 22. From process avoidance.

One. Article 64 (1) of Law 36/2011, of 10 October, Regulatory of Social Jurisdiction, is worded as follows:

" 1. Except for the requirement of an attempt to reconcile or, where appropriate, mediation, processes requiring the prior complaint on administrative or other forms of exhaustion of the same, if any, those relating to social security, the concerning the challenge of collective dismissal by workers ' representatives, enjoyment of holidays and electoral matters, geographical mobility, substantial modification of working conditions, suspension of the contract and reduction of working time for economic, technical, organisational or production reasons or derived from force majeure; rights of reconciliation of personal, family and work life referred to in Article 139, the ex officio initiates, the rights of contestation of collective agreements, the rights of challenge of the statutes of the trade unions or of their modification, protection of fundamental rights and public freedoms, the processes for the annulment of arbitration awards, the proceedings of contestation agreements of reconciliations, mediations and transactions, as well as those in which labour actions are exercised protection against gender-based violence. "

Two. Article 70 (1) of Law 36/2011, of 10 October, Regulatory of Social Jurisdiction, is hereby worded as follows:

" 1. Except for the requirement of prior complaint, the processes relating to the challenge of collective dismissal by the representatives of the employees, enjoyment of holidays, electoral matters, geographical mobility, substantial modification of the working conditions, suspension of the contract and reduction of working time for economic, technical, organizational or production reasons or arising from force majeure, rights of reconciliation of personal, family and work life to which the Article 139, ex officio procedures, collective disputes, contestation of conventions The Commission has also proposed that the Commission should be aware of the fact that it is not a matter for the Commission to take the necessary steps to ensure that it does not have the right to take action. Article 33 of the Recast Text of the Law of the Workers ' Statute. "

Article 23. Of the procedural modalities.

One. Article 110 (1) of Law 36/2011, of 10 October, Regulatory of Social Jurisdiction, is hereby worded as follows:

" 1. If the dismissal is declared inadmissible, the employer shall be sentenced to the readmission of the worker under the same conditions as before the dismissal, as well as to the payment of the processing salaries referred to in paragraph 2 of the Article 56 of the recast of the Law of the Staff Regulations of Workers or, at the choice of that, to which an indemnity is paid, the amount of which shall be fixed in accordance with the provisions of Article 56 (1) of that Law, with the following particularities:

(a) In the act of judgment, the party holding the option between readmission or indemnity may, in the case of a declaration of origin, anticipate its choice by means of an expression in that regard, on which it is shall act in the judgment, without prejudice to the provisions of Articles 111 and 112.

(b) At the request of the applicant, if the readmission is not made, it may be agreed, in the event of the dismissal, to have the option for compensation in the judgment, declaring the relationship in the judgment itself and by condemning the employer to pay the severance pay, calculated up to the date of the judgment.

(c) In the case of redundancies imposed on workers whose employment relationship is of a special nature, the amount of the compensation shall be that laid down, where appropriate, by the rule governing that special relationship. "

Two. Article 111 (1) (b) of Law 36/2011, of 10 October, Regulation of the Social Jurisdiction, is hereby worded as follows:

" (b) Where the employer's choice would have been for the compensation, both in cases where the appeal is brought by the employer and by the worker, the readmission shall not proceed while the appeal is punishable, even if the the processing of the appeal shall be deemed to be an involuntary unemployment legal status within the meaning of Article 208 (3) of the recast of the General Law on Social Security, approved by the Royal Decree Legislative 1/1994 of 20 June.

If the judgment which resolves the action brought by the worker raises the amount of the compensation, the employer may, within five days of the date of his notification, change the meaning of his/her choice and, In such cases, the readmission shall take back its economic effects on the date on which the first election took place, by deducting from the amounts paid by that concept which, if appropriate, the worker would have received as a result of the unemployment benefit. The said amount, as well as the amount corresponding to the business contribution to the Social Security by that worker, shall be paid by the employer to the managing entity.

For the purposes of recognition of a future right to unemployment protection, the period referred to in the preceding paragraph shall be deemed to be a listed occupation. "

Three. The heading of Chapter IV of Title II of the Second Book of Law 36/2011 of 10 October, Regulatory of Social Jurisdiction, is worded as follows:

" CHAPTER IV

From the extinction of the contract for objective causes, by collective dismissal and other causes of extinction "

Four. The heading of Section 2 of Chapter IV of Title II of the Second Book of Law 36/2011 of 10 October, Regulatory of Social Jurisdiction, is worded as follows:

"Section 2. Collective Redundancies for economic, organizational, technical or production causes or derived from force majeure"

Five. Article 124 of Law 36/2011 of 10 October, Regulatory of Social Jurisdiction, is worded as follows:

" Article 124. Collective redundancies for economic, organizational, technical or production causes or derived from force majeure.

1. The business decision may be challenged by the legal representatives of the employees through the process provided for in the following paragraphs. Where the challenge is made by the trade union representatives, they must have sufficient implementation in the field of collective redundancies.

2. The application may be based on the following reasons:

a) That the legal cause indicated in the written communication is not present.

b) That the period of consultation or the documentation provided for in Article 51.2 of the Workers ' Statute has not been carried out or the procedure laid down in Article 51.7 of the same text has not been complied with; legal.

c) That the extinguishing decision has been taken with fraud, intent, coercion or abuse of law.

d) That the late decision has been made in violation of fundamental rights and public freedoms.

In no case may the claims relating to the application of the rules of priority of permanence laid down legally or conventionally or laid down in the agreement adopted in the period of consultations. Such claims shall be made through the individual procedure referred to in paragraph 11 of this Article.

3. Where the extinguishing decision has not been challenged by the persons referred to in paragraph 1 or by the Labour Authority in accordance with Article 148.b) of this Law, after the expiry of the period of expiry of 20 days for the financial year the action by the representatives of the employees, the employer, within 20 days of the end of the previous period, may bring proceedings for the purpose of the right to declare his or her late decision to be right. The legal representatives of the employees shall be passively legitimized, and the judgment given shall be of a declarative nature and shall have the effect of res judicata on the individual processes within the meaning of Article 160 (5). of this Law.

4. If the period of consultation provided for in Article 51 of the Workers ' Statute has been completed by agreement, the signatories of the Staff Regulations shall also be required.

5. In order to present the application, none of the forms of avoidance of the process referred to in Title V of Book I of this Law shall be exhausted.

6. The application shall be filed within the expiry of 20 days from the date of the agreement reached in the period of consultation or the notification to the representatives of the employees of the collective redundancy business decision.

The filing of the claim by the workers ' representatives or by the employer shall suspend the time limit for the termination of the individual dismissal action.

7. If, once the process is initiated by the representatives of the workers, the demand for trade is raised in accordance with the provisions of Article 148.b) of this Law, it shall be suspended until the resolution of that law. In this case, the labour authority will be entitled to be a party to the proceedings initiated by the employees ' representatives or by the employer. The judgment, once signed, will have the effectiveness of res judicata on the process of ex officio pending resolution.

8. This process will be urgent. The preference in the dispatch of these matters shall be absolute upon any other, except for the protection of fundamental rights and public freedoms. No appeal shall be made against the decisions taken to deal with the proceedings, except for the initial declaration of incompetence.

9. When the application is accepted, the judicial secretary will transfer the same to the defendant and will require him to present the documentation and the minutes of the period of the five-day period. consultations and the communication to the labour authority of the outcome of the consultation.

In that same order, the judicial secretary will instruct the employer to notify workers within five days that the existence of the process proposed by the group could be affected by the collective dismissal. the representatives of the employees, so that within 15 days they shall communicate to the court an address for the purpose of notification of the judgment.

In the event of an unjustified refusal by the employer to forward these documents or to inform the workers who might be affected, the judicial secretary will reiterate by the urgent route his immediate referral within three months. days, with a warning that failure to comply with this second requirement will impose the measures referred to in Article 75 (5), and may be subject to the effects of the subsequent judgment on the facts which it seeks to accredit the complaining party.

When the application is accepted, the judicial secretary shall agree to obtain from the Labour Authority a copy of the administrative file relating to the collective dismissal.

10. In the same decision of admission to proceedings, the judicial secretary shall indicate the day and time of the holding of the event of the trial, which shall take place on a single call within 15 days of the admission of the processing of the claim. The summons shall, on the basis of a request, be made of the prior transfer between the parties or the advance payment, preferably on a computer basis, five days in advance of the act of judgment, of the documentary or expert evidence which, by its volume or complexity, it is appropriate to allow your pre-test examination at the time of the test.

11. The judgment shall be delivered within five days of the conclusion of the judgment and shall be subject to an ordinary appeal.

The extinguishing decision shall be declared to be right when the employer, having complied with the provisions of Articles 51.2 or 51.7 of the Workers ' Statute, accredits the concurrence of the legal cause of the decision.

The judgment will declare the late decision not to be right when the employer has not accredited the concurrency of the legal cause indicated in the extinguishing communication.

The judgment shall declare the extinguishing decision null and void where the employer has not carried out the period of consultation or provided the documentation provided for in Article 51.2 of the Staff Regulations or has not complied with the the procedure laid down in Article 51.7 of the same legal text or obtained by the court of the judge of the contest in the cases in which it is legally provided, and where the business measure has been carried out in breach of fundamental rights and public freedoms. In this case, the judgment shall declare the right of the workers concerned to return to their post in accordance with the provisions of Article 123 (2) and (3) of this Law.

12. Once the judgment is signed, those who would have been a party and the workers who could be affected by the collective dismissal who would have brought an address to the court for the purposes of notification, were notified to the effects referred to in point (b) of paragraph 13 of this Article.

The firm statement will be notified to the employment authority, the managing body of the unemployment benefit and the Social Security Administration when they have not been a party to the process.

13. Where the object of the process is the individual challenge of the termination of the contract of employment before the Social Court, the provisions of Articles 120 to 123 of this Law shall be included in the following specialties:

a) When the object of the debate is viewed on preferences attributed to certain workers, they must also be sued.

Workers ' representatives must also be sued when the measure has the conformity of those workers, provided that the decision is not contested, in accordance with the provisions of the by representatives of the non-signatory workers of the agreement.

(b) If the individual process is initiated by the representatives of the employees against the business decision within the meaning of the preceding paragraphs, the process shall be suspended until the date of the start of the individual proceedings. Resolution of the demand made by the representatives of the workers, which once firm will have the efficacy of res judicata on the individual process in the terms of article 160 (5) of this Law.

(c) The dismissal shall be void, in addition to the reasons set out in Article 122.2 of this Law, where the employer has not completed the period of consultation or provided the documentation provided for in Article 51.2 of the Staff Regulations. the Workers or has not complied with the procedure laid down in Article 51.7 of the same legal text, or where the judicial authorisation of the judge of the contest has not been obtained, in cases where it is legally envisaged.

The termination of the contract agreed by the employer will also be void without respecting the priorities of permanence that could be established in the laws, collective agreements or the agreement reached during the period of queries. This nullity shall not affect the extinctions within the same collective dismissal that have respected the priorities of permanence. "

Six. The heading of Section 4. Chapter V of Title II of the Second Book of the Law on Social Jurisdiction is worded as follows:

"Section 4. Third geographical mobility, substantial changes in working conditions, suspension of contract and reduction of working hours due to economic, technical, organizational or production causes or due to force majeure."

Seven. Article 138 of Law 36/2011 of 10 October, Regulatory of Social Jurisdiction, is worded as follows:

" 1. The process will be initiated on the demand of the workers affected by the business decision, even if the procedure of Articles 40, 41 and 47 of the Workers ' Statute has not been followed. The application must be submitted within the period of expiry of the 20 working days following the written notification of the decision to the employees or their representatives in accordance with Article 59 (4) of the Staff Regulations. (a) the workers, the time limit which shall not begin to be taken into account until such notification takes place, without prejudice to the limitation in any event of the action arising in the course of the period provided for in Article 59 (2) of the Staff Regulations; Workers.

2. When the object of the debate is viewed on preferences attributed to certain workers, they must also be sued. Workers ' representatives must also be sued when, in the case of transfers, modifications, suspensions or reductions of a collective nature, the measure has the conformity of those.

3. The court may obtain an urgent report from the Labour and Social Security Inspectorate, which shall send it copies of the application and documents accompanying it. The report shall deal with the facts invoked as supporting the business decision in relation to the agreed amendment and other concurrent circumstances.

4. If, once the process is initiated, there is a demand for collective conflict against the business decision, that process will be suspended until the resolution of the demand for collective conflict, which once firm will have the efficacy of res judicata on the individual processing under the terms of Article 160 (3).

However, the agreement between the employer and the legal representatives of the workers who may be placed upon the process will not interrupt the continuation of the procedure.

5. The procedure will be urgent and will be given preferential treatment. The act of the hearing shall be held within five days of the date of the acceptance of the application, if the report provided for in paragraph 3 of this Article has not been sought.

6. The judgment shall be delivered within five days and shall be immediately enforceable. No further action shall be taken against it, except in the cases of geographical mobility provided for in Article 40 (2) of the Staff Regulations, in respect of substantial changes in working conditions where they are collective character in accordance with Article 41 (4) of the Staff Regulations, and in the suspensions and reductions in working time provided for in Article 47 of the Staff Regulations affecting a number of workers equal to or higher to the thresholds provided for in Article 51 (1) of the Staff Regulations.

7. The judgment shall state whether the business decision is justified or unjustified, whether or not it has been established in respect of the workers concerned, the reasons invoked by the undertaking.

The judgment in which the business decision is justified shall recognise the right of the worker to terminate the contract of employment in the cases provided for in Article 40 (1) and Article 41 (3) of the Treaty. Staff Regulations, giving effect to the deadline of 15 days.

The judgment that declares the measure unjustified will recognize the right of the worker to be replaced in his previous working conditions, as well as to the credit of the damages that the business decision could have been cause during the time it has produced effects.

The decision taken in law fraud will be declared null, circumventing the rules concerning the period of consultation set out in Articles 40.2, 41.4 and 47 of the Workers ' Statute, as well as when it has as its mobile the causes of discrimination laid down in the Constitution and in the Law, or where the worker's fundamental rights and public freedoms are infringed, including, where appropriate, the other cases in which the declaration of invalidity of the dismissal in Article 108 (2).

8. Where the employer does not proceed to reintegrate the worker in his or her previous working conditions or in an irregular manner, the worker may apply for the execution of the judgment before the Court of Social and the termination of the contract for the purposes of as provided for in Article 50 (1) (c) of the Staff Regulations, as laid down in Articles 279, 280 and 281.

9. If the judgment declares the invalidity of the business measure, its execution shall be carried out on its own terms, unless the worker provides for the execution provided for in the preceding paragraph. In any event, the time limits laid down therein shall apply. "

Eight. Paragraph 11 is added to Article 151 of Law 36/2011 of 10 October, Regulatory of Social Jurisdiction, which is worded as follows:

" 11. The judgment which leaves without effect an administrative decision pursuant to which there have been extinctions of the working relationship resulting from force majeure shall declare the right of the workers concerned to return to their post of job.

Unless the employer within five days following the finality of the judgment chooses, in writing before the court, to indemnify the workers with the compensation established for the wrongful dismissal, he must inform the employees in writing of the date of his return to work within 15 days of the time he has referred to it. The worker, if applicable and in accordance with the provisions of Article 110.1 of this Law, shall be entitled to the wages left from receiving, with the deduction of those he has received since the extinction and with the refund or deduction of the amounts received as compensation, as provided for in Article 123 (3) and (4) of this Law. If the employer is not readmitted to the worker or the readmission is effected in an irregular manner, the latter may request the execution of the judgment within the following 20 days, as otherwise provided for in Articles 279 to 281 of this Law.

If the administrative decision to be found to be in breach of fundamental rights or public freedoms is left without effect, workers shall be entitled to immediate readmission and to the payment of the wages left to be paid and may, where appropriate, request enforcement in accordance with Articles 282 et seq. of this Act.

If the worker has received unemployment benefits, the provisions of Article 209 (5) of the recast of the General Law on Social Security, approved by the Royal Legislative Decree 1/1994, shall apply. of 20 June, depending on whether the worker's readmission has taken place or not. "

Nine. Article 153 (1) of Law 36/2011, of 10 October, Regulatory of Social Jurisdiction, is worded as follows:

" 1. Applications which concern the general interests of a generic group of workers or a generic collective capable of individual determination and which relate to the application and interpretation of an individual group shall be dealt with through this process. state rule, collective agreement, whatever its effectiveness, agreements or agreements of undertakings, or of a collective business decision, including those governed by Article 40 (2), Article 41 (2), and Suspension and reduction of working hours provided for in Article 47 of the Staff Regulations of workers affecting the a number of workers equal to or exceeding the thresholds laid down in Article 51 (1) of the Staff Regulations, or of a business practice and agreements of professional interest of the self-employed economically (a) the law of the Member State of the European Union and the Member States of the European Union; The business decisions of collective redundancies shall be dealt with in accordance with Article 124 of this Law. "

Ten. Article 184 of Law 36/2011 of 10 October, Regulatory of Social Jurisdiction, is worded as follows:

" Article 184. Exercise demands required through the corresponding procedural mode.

By way of derogation from the foregoing and without prejudice to the provisions of Article 178 (2), the dismissal claims and the other causes of termination of the contract of employment, the (a) substantial working conditions, the suspension of the contract and the reduction of working hours due to economic, technical, organizational or production causes or due to force majeure, the enjoyment of holidays, those of electoral matters, (a) the challenge of the association of trade unions or of their modification, of geographical mobility, of rights of reconciliation of personal, family and work life as referred to in Article 139, the rights to challenge collective agreements and those of penalties imposed by employers on workers in whom the injury of rights is invoked. fundamental and public freedoms will be dealt with inexcusably, in accordance with the procedural arrangements for each of them, giving priority to these processes and accumulating in them, as provided for in paragraph 2 of the Article 26, the claims of protection of fundamental rights and public freedoms with the the respective procedural mode. "

Once. Article 148 (b) of Law 36/2011 of 10 October of the Social Jurisdiction Regulation is amended, which is worded as follows:

" (b) of the agreements of the competent labour authority, where the competent labour authority appreciates fraud, dole, coercion or abuse of the right at the conclusion of the suspension agreements, reduction of the day or extinction referred to in the Article 47 and Article 51 (6) of the recast text of the Law of the Workers ' Statute, and refer them to the judicial authority for the purposes of their possible declaration of invalidity. In the same way, the employment authority will act when the managing body of the unemployment benefit has reported that the company's late decision might be aimed at the improper obtaining of the benefits by the employees. workers affected, in the absence of the motivating cause of the legal situation of unemployment. "

Article 24. Of the means of impeachment.

One. Article 191 (2) (e) of Law 36/2011, of 10 October, Regulation of the Social Jurisdiction, is hereby worded as follows:

(e) Geographical mobility processes other than those provided for in Article 40 (2) of the Staff Regulations; in the case of substantial changes in working conditions, except where they are of a nature collective in accordance with Article 41 (2) of the Staff Regulations; and in the case of a change of post or functional mobility, except where it is possible to accumulate such other action which is liable to appeal; and reductions in working time provided for in Article 47 of the Staff Regulations of workers affecting a number of workers below the thresholds laid down in Article 51 (1) of the Staff Regulations. "

Two. Article 191 (3) (a) of Law 36/2011, of 10 October, Regulation of the Social Jurisdiction, is hereby worded as follows:

"(a) In proceedings for dismissal or termination of the contract, except in proceedings for collective dismissal challenged by the workers ' representatives."

Three. Article 206 (1) of Law 36/2011, of 10 October, Regulatory of Social Jurisdiction, is hereby worded as follows:

" 1. The judgments given in a single instance by the Chambers referred to in paragraph 1 of the preceding Article, with the exception of judgments handed down in proceedings against the acts of public administrations, are to be brought to an appeal. the social order in Article 2 (n) and (s) which are subject to economic valuation where the amount of litigation does not exceed one hundred and fifty thousand euro.

In any event, the judgments handed down in proceedings for the impeachment of the administrative decision shall be brought to an appeal in accordance with the procedures laid down in Article 51 (7) of the recast of the Law of Workers ' Statute, adopted by Royal Decree-Law 1/1995 of 24 March. "

Article 25. From the execution of statements.

One. Article 281 (2) (b) of Law 36/2011, of 10 October, Regulation of the Social Jurisdiction, is hereby worded as follows:

" (b) The economic perceptions provided for in Article 56 (1) and (2) of the Staff Regulations shall be paid to the worker. In the light of the circumstances and the damage caused by the non-readmission or the irregular readmission, additional compensation of up to 15 days ' salary per year of service and a maximum of 12 monthly allowances may be fixed. In both cases, the time periods of less than one year shall be prorated and computed, such as service time, after the date of the car. "

Two. Article 247 (2) of Law 36/2011 of 10 October, Regulatory of Social Jurisdiction, is amended as follows:

" 2. The method of execution of a firm sentence governed by this Article shall apply to the remaining executive, judicial or extrajudicial titles of a social nature, a claim for a conviction and an individual execution. in the terms of Article 160 (3), as well as to firm judgments or other executive titles relating to geographical mobility, substantial changes in working conditions, suspension of the contract or reduction of the working day economic, technical, organizational or production of a collective nature. "

Additional disposition first. Financing, implementation and control of bonuses and reductions in social contributions.

1. The quota allowances provided for in this Law will be financed from the corresponding budget item of the State Employment Public Service. The reductions in the quotas provided for the hiring and processing of the training and apprenticeship contracts laid down in this Law will be financed from the corresponding budget item of the General Treasury of the European Union. Social Security.

2. The allowances and reductions in social security contributions shall be applied by the employers on an automatic basis in the relevant contribution documents, without prejudice to their inspection and review by the Labour Inspectorate. Social Security, by the General Treasury of Social Security and by the Public Service of State Employment.

3. The General Treasury of Social Security shall provide monthly to the State Employment Public Service, the number of workers subject to allowances for Social Security contributions, disaggregated by each of the bonus groups, with their respective contribution bases and deductions to be applied in accordance with the employment incentive programmes and which are funded by the State Employment Public Service.

4. At the same time, the Directorate-General of the State Employment Service shall provide the Directorate-General for Labour Inspection and Social Security with the necessary information on the number of contracts communicated to it. Quota allowances, detailed by collectives, as well as information on the contributions and deductions applied to them is accurate, to the effect of making it easier for this management centre to plan and schedule the action (a) to monitor the proper application of the allowances provided for in the corresponding employment incentive programmes, by the subjects who are beneficiaries of the scheme.

Additional provision second. Application of dismissal for economic, technical, organizational or production causes in the Public Sector.

An additional twenty-one provision is added to the Recast Text of the Workers ' Statute approved by Royal Legislative Decree 1/1995, of March 24, with the following content:

" Additional Disposition 20th. Application of dismissal for economic, technical, organizational or production causes in the Public Sector.

Dismissal for economic, technical, organisational or production causes of the labour force at the service of the entities, bodies and entities which are part of the public sector in accordance with Article 3.1 of the recast text the Law on Public Sector Contracts, approved by the Royal Legislative Decree 3/2011 of 14 November, will be carried out in accordance with the provisions of Articles 51 and 52.c) of the Workers ' Statute and its implementing rules and in the framework of the preventive and corrective mechanisms regulated in the rules of budgetary stability and financial sustainability of public administrations.

For the purposes of the causes of these layoffs in the Public Administrations, understanding as such, to the entities, agencies and entities referred to in Article 3.2 of the recast text of the Law on Public Sector Contracts, (a) the economic causes of the situation where there is a situation of excessive and persistent budgetary insufficiency for the financing of the public services concerned. In any event, budgetary insufficiency shall be understood to be persistent if it occurs for three consecutive quarters. Technical reasons shall be understood when changes occur, inter alia, in the field of the means or instruments of the provision of the public service concerned and organisational causes, where changes occur, inter alia, in the the scope of the systems and working methods of the staff assigned to the public service.

It will have priority to remain the permanent staff who would have acquired this condition, in accordance with the principles of equality, merit and capacity, through a selective procedure of entrance called to the effect, where established by the entities, bodies and entities referred to in the preceding paragraph. '

Additional provision third. Application of Article 47 of the Staff Regulations in the Public Sector.

An additional twenty-first provision is added to the Recast Text of the Workers ' Statute approved by Royal Legislative Decree 1/1995, of March 24, with the following content:

" The provisions of Article 47 of this Law shall not apply to public administrations and to public law entities linked to or dependent on one or more of them and other public bodies, except for those that are financed mainly from income earned as a counterpart to transactions on the market. '

Additional provision fourth. Control of the temporary and mutual disability of occupational accidents and occupational diseases.

The government, after consultation with the social partners, will study within three months the modification of the legal regime of the Mutual Insurance and Occupational Diseases of Social Security for a more effective management of temporary disability.

Additional provision fifth. National Consultative Commission on Collective Agreements.

The final provision of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of March 24, is worded as follows:

" Final Disposition Second. National Consultative Commission on Collective Agreements.

1. The National Consultative Commission of Collective Agreements, as a collegiate body, attached to the Ministry of Employment and Social Security, of a tripartite and joint nature and composed of representatives of the General Administration of the State, as well as of the most representative business and trade union organizations, will have the following functions:

(a) The advice and consultation on the functional scope of collective agreements and on the collective agreement of application to a company, as well as the consultation in the event of extension of a collective agreement regulated in the Article 92 of this Law.

b) The study, information and development of documentation on collective bargaining, as well as the dissemination of the same through the Collective Bargaining Observatory.

(c) Intervention in dispute settlement procedures in cases of disagreement in the period of consultations for the implementation of the working conditions laid down in the collective agreements in accordance with the Article 82.3 of this Act.

2. The composition and organization of the National Consultative Commission on Collective Agreements, as well as its procedures for action and support measures for the development of the functions of the Directorate-General for the Employment of the Ministry of Employment and Social Security.

3. The operation and decisions of the National Advisory Committee on Collective Agreements shall always be without prejudice to the powers that correspond to the jurisdiction and the employment authority in the terms established by the laws ".

Additional provision sixth. Support measures for the National Consultative Commission on Collective Agreements.

For the development of the functions set out in this Law, the National Consultative Commission of Collective Agreements, attached to the Directorate General of Employment of the Ministry of Employment and Social Security, will be strengthened in its actions by the Directorate-General for Employment, without prejudice to what is laid down in the rules for regulatory development, after consultation with the most representative trade union and business organisations.

Additional provision seventh. Rules applicable to credit institutions.

One. Compensation for termination of the contract.

1. Entities which are mainly or financially supported by the Bank Ordered Restructuring Fund may not in any case satisfy any termination of contract that exceed the following amounts: (a) twice the maximum level resulting from, respectively, the rules 3 and 4. of Article 5.3 (a) of Royal Decree-Law 2/2012 of 3 February, of consolidation of the financial sector; or (b) two years of the fixed remuneration stipulated.

2. The exception of the previous rule is the case of managers and directors who have been incorporated into the institution or their group after or simultaneously with the participation or financial support of the Restructuring Fund. In the case of the Bank of Spain, in the light of the contractually stipulated conditions and the results of the reorganisation plan, the Bank of Spain may authorise higher amounts than those resulting from the application of the Article 5.3 (a) of the Royal Decree-Law 2/2012 of 3 February, but always with the limit two years of the fixed remuneration originally stipulated.

Two. Termination of the contract of persons exercising management or management positions in a credit institution on the basis of the imposition of sanctions.

1. The imposition of the penalties referred to in Article 12.1 of Law 26/1988 of 29 July on Discipline and Intervention of Credit Entities, to persons carrying out administration or management positions in a credit institution in a contract of employment, including employment relationships of a special character for senior staff, shall be deemed, for the purposes of employment law, to be a serious and guilty breach of contract and, therefore, cause of dismissal disciplinary, and may lead to the termination of the contract by the employer.

2. Likewise, the imposition of such sanctions shall be considered as a fair cause of extinction or termination of contracts that have a distinct nature of the work.

3. In the case of termination of the contract in accordance with the provisions of the preceding paragraphs, persons carrying out administration or management positions in a credit institution shall not be entitled to any compensation for such termination, whatever the amount or form thereof, and regardless of the legal standard, contract, individual or collective agreement or agreement of origin and contract, agreement or agreement of a civil or commercial nature in which the payment of the compensation.

Three. Suspension of the contract of persons exercising management or management positions in a credit institution.

1. The contract of employment or of any other nature of persons exercising management or management positions in a credit institution may be suspended for the following reasons:

(a) When, in accordance with Article 24 of Law 26/1988, of July 29, on Discipline and Intervention of Credit Entities, the provisional suspension of persons is available which, with the administration or management at the credit institution, appear as suspects responsible for very serious violations.

(b) Where, in the cases provided for in paragraphs (c) and (d) of Article 7.1 of Royal Decree-Law 9/2009 of 26 June 2009 on bank restructuring and the strengthening of the own resources of credit institutions, the Bank Spain agrees to the provisional replacement of the administrative or management bodies of the credit institution.

2. The suspension of the contract referred to in the preceding paragraph shall be of the same duration as the provisional suspension or temporary replacement agreed and shall entail mutual exemption from the obligations to work or provide services and pay for the work or for the provision of those.

Additional disposition octave. Specialties of commercial and senior management contracts in the public sector.

One. Scope of application.

This provision applies to the state public sector formed by the entities provided for in Article 2.1 of Law 47/2003 of 26 November, General Budget, with the exception of only the managing entities, common services and mutual services of occupational accidents and occupational diseases of social security, as well as their centres and joint entities referred to in point (d) of the same Article.

Two. Compensation for extinction.

1. The termination, by withdrawal of the employer, of the commercial and senior management contracts, whatever the date of their conclusion, of the staff providing services in the state public sector, will only give rise to compensation. exceeding seven days per year of annual cash remuneration, with a maximum of six monthly payments.

2. The calculation of the compensation shall be made taking into account the annual cash remuneration which at the time of the extinction is being collected as full and full fixed remuneration, excluding the variable incentives or allowances if the there.

3. No allowance shall be made for any compensation where the person, whose commercial or senior management contract is terminated, by withdrawal of the employer, has the status of a career official of the State, of the Autonomous Communities or of the Local entities, or is an employee of a state, regional or local public sector entity with a job reserve.

4. The withdrawal must be communicated in writing, with a maximum period of notice of fifteen calendar days. In the event of non-compliance with the above notice, the entity shall indemnify with an amount equal to the remuneration corresponding to the missed notice period.

Three. Remuneration.

1. The remuneration to be set in the commercial or senior management contracts of the State public sector is classified, exclusively, in basic and complementary.

2. The basic remuneration shall be based on the characteristics of the institution and include the minimum compulsory remuneration allocated to each individual responsible, manager or contract staff, on the basis of the classification group in which it is the entity is classified by the entity that exercises the financial supervision or supervision of the entity or, where applicable, the shareholder.

3. The complementary remuneration comprises a post complement and a variable complement. The complement of the post would pay for the specific features of the functions or managerial posts and the variable complement would pay for the achievement of previously established objectives. These supplements shall be assigned by the person who exercises the control or financial supervision of the entity or, where appropriate, by the shareholder.

4. The provisions of the three preceding paragraphs shall apply to state commercial companies. The other entities subject to the scope of this provision shall be subject to the development approved by the Government in accordance with paragraph 6.

Four. Review of legality.

1. The contracts referred to in this provision which are signed shall, before being formalised, be submitted to the prior report of the State Advocate or body providing the legal advice of the body exercising control or supervision. the financial institution of the public sector entity, or, where appropriate, the shareholder, who intends to hire the maximum responsible or manager.

2. The terms of the commercial or senior management contracts referred to in this provision which are contrary to the provisions of this provision shall be null and void.

3. The bodies exercising the control or financial supervision of these entities shall take the necessary measures to ensure that the provisions of this provision are complied with in the conclusion and formalisation of the abovementioned contracts, without prejudice to the any civil, administrative, accounting or other liability in respect of which they may incur in the event of non-compliance with this provision.

Five. Effective.

This provision shall apply to commercial or senior management contracts concluded prior to its entry into force, the content of which shall be adapted to the terms laid down in this additional provision in the two-month period from its entry into force.

The termination of the contract, whichever is the date of its conclusion, will be governed by this provision once it enters into force.

Six. Regulatory enablement.

The Government, on the proposal of the Minister of Finance and Public Administration, in the light of the economic situation and economic policy measures, may modify the amounts and limitations of the compensation payments. established in this provision, as well as the development of the provisions of its third paragraph. The Minister for Finance and Public Administrations shall fix the system of compensation for expenditure in respect of allowances, displacements and other analogues resulting from the performance of the duties of the maximum responsible, management or staff with commercial or senior management contracts.

Seven. Application to the Autonomous Communities and Local Entities.

The provisions of paragraph 2; paragraph four, number two, and paragraph 5 shall apply to the entities, consortia, societies, bodies and foundations that make up the local and regional public sector.

Additional provision ninth. Adaptation of collective agreements to the new system of professional classification.

Within one year the collective agreements in force will have to adapt their system of professional classification to the new legal framework provided for in Article 22 of the Workers ' Statute, in the wording given by this Law.

Additional provision 10th. New regulation of the Family Home Service.

The government after the end of the six calendar month period, to count since the first of January 2012, contemplated in the additional 30th Disposition, on the Integration of the Special Regime of the Social Security of the Employees of Home in the General System of Social Security, Law 27/2011, of August 1, on updating, adapting and modernizing the system of Social Security, will present to the General Courts a balance sheet on the new Regulation of the scheme and the new regulation of the relevant employment relationship special. This report should also include the possibilities for improving these regulations from the point of view of the simplification of the corresponding administrative processes and the improvement of the reductions in the contributions of the Member States. persons providing services in the family home.

Additional provision eleventh. Bonuses for new senior family members of self-employed workers.

1. The spouse, family and family of self-employed persons by consanguinity or affinity to the second degree inclusive and, where appropriate, by adoption, which are incorporated as new high into the Special Regime of the Social Security of the Workers for the Own or Self-employed, and work with them by carrying out work in the activity in question, including those of the self-employed of the Special Regime of the Sea Workers, from the Entry into force of this Law, will be entitled to a bonus for the immediately following 18 months to the date of effect of the discharge, equivalent to 50% of the fee resulting from the application on the minimum basis of the corresponding rate of contribution in force at any time in the appropriate Special Employment Regime.

2. For the purposes of the first paragraph, a couple shall be considered as a couple of fact the constituted, with a similar relationship of affectivity to the spousal, for whom, not being prevented from marriage, they have no marriage relationship with another person and credit, by means of the corresponding certificate of registration, a stable and notorious coexistence and with an uninterrupted duration of not less than five years. The existence of a couple in fact shall be credited by certification of the registration in any of the specific registers existing in the autonomous communities or town halls of the place of residence or by means of a public document the constitution of such a couple.

In the Autonomous Communities with their own civil law, fulfilling the cohabitation requirement referred to in the preceding paragraph, the consideration of a couple in fact and their accreditation will be carried out according to what they establish their specific legislation.

Additional disposition twelfth. Measures to support the extension of the period of employment of workers with discontinuous fixed contracts in the sectors of tourism, trade linked to the same and hospitality.

1. Companies, excluding those belonging to the public sector, engaged in activities in the sectors of tourism, trade linked to the same and hotels that generate productive activity in the months of March and November of each year start and/or keep the occupation of workers with discontinuous fixed-character contracts high during these months, they may apply a bonus in those months of 50% of the business quotas to the Social Security for contingencies common, as well as the concepts of joint collection of Unemployment, FOGASA and Training professional of such workers.

2. The provisions of this additional provision shall apply from the entry into force of this Law until 31 December 2013.

3. The Government will assess the effectiveness of this provision and its effects on the extension of the periods of employment of workers with contracts of a discontinuous fixed character. This assessment shall be carried out before 31 December 2013.

In the light of that assessment, and depending on the duration of the periods of activity during 2012 and 2013, the Government shall take the appropriate measures concerning its maintenance, extension or modification.

Additional disposition thirteenth. Update and review of the regulation of the insertion company regime.

In order to improve the business activity and social actions of the insertion companies, the Government, within the competencies of the state that correspond to it in this field, before 1 January 2014 adopt a draft law to update and revise Law 44/2007 of 13 December for the regulation of the system of insertion companies.

Additional disposition fourteenth. Assessment of the measures taken in the labour market to deal with the crisis and unemployment.

The government will present at the end of the first year of the Royal Decree-Law 3/2012, of February 10, of urgent measures for the reform of the labor market, an evaluation report of the same, that will analyze the impact that The reform of the labour market, the creation of jobs, the reduction of the rate of unemployment and the rate of temporality, has had the same reform. The results of this evaluation should be published and accessible through the Ministry of Employment and Social Security's website.

Additional provision 15th. Continuous evaluation of active policies.

Annually, the government will present a report on the expenditure, including the one needed for the management of the system, and the results of the active policies in the State as a whole with the objective of giving greater transparency to the employment and training policies, while helping to ensure the effectiveness and efficiency of expenditure in line with the objectives set.

In it, a section will be included for the evaluation of the improvement of the procedures of the training modality for the use of demand, in terms of the reduction of the bureaucratic burdens, rigidities of the system and the incorporation of small and medium-sized enterprises.

Additional provision sixteenth. Very serious breaches of work intermediation.

Article 16 (1) of Royal Decree-Law 5/2000 of 4 August, approving the recast text of the Law on Infractions and Sanctions in the Social Order, is worded as follows:

" 1. To carry out work on employment, of any kind and functional area, which aim at the placement of workers without having obtained the corresponding administrative authorisation or to continue acting in the intermediary and placement after the completion of the authorization, or require the workers to pay or pay for the services provided. "

Additional 17th disposition. Rationalization of schedules.

Within three months of drawing up its report, the Subcommittee of the Congress of Deputies for the analysis and study of the rationalization of schedules and the consequent reconciliation of personal, family and The government will adopt measures to promote the rationalization of timetables and the indicated conciliation, after consulting the most representative trade union and business organizations.

18th additional disposition. Extinction by objective causes of certain contracts in non-profit entities.

Article 52 (e) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" e) In the case of indefinite contracts concluded directly by non-profit entities for the execution of certain public plans and programmes, without a stable economic endowment and financed by the General government by means of annual budgetary or extra-budgetary appropriations as a result of external revenue of a finalist, due to the inadequacy of the corresponding consignment for the maintenance of the contract of employment in question.

When the extinction affects a number of workers equal to or greater than that set out in Article 51.1 of this Law, the procedure provided for in that article must be followed. "

First transient disposition. Transitional arrangements for the performance of temporary work enterprises as placement agencies.

1. Temporary work undertakings which prior to the entry into force of this Law and in accordance with the transitional provisions of Royal Decree-Law 3/2012 of 10 February of 10 February, of urgent measures for the reform of the labour market, a statement responsible for meeting the requirements laid down in Law 56/2003 of 16 December 2003 on Employment and its implementing rules may continue to act as agencies of the competent Employment Public Service, placement as long as they continue to meet those requirements.

2. The companies referred to in this provision shall record their approval number as a placement agency provided by the Public Employment Service competent in their advertising and in their offers of recruitment and selection services. workers, placement, guidance and professional information and relocation, although they may temporarily use the authorisation number as a temporary work undertaking until such time as an authorisation number has been provided to them as placement agency.

3. As not provided for in this provision, the provisions of Law 56/2003 of 16 December 2003 on Employment and its implementing rules shall apply.

Second transient disposition. Bonuses in existing contracts.

The bonuses and reductions in the business quotas of the Social Security that were to be enjoyed by the contracts concluded before February 12, 2012 will be governed by the regulations in force at the moment of its conclusion or, where appropriate, at the time of the commencement of the enjoyment of the allowance or reduction.

Transitional provision third. Rules on the replacement of unemployment benefits.

The workers whose employment contract had been extinguished before 12 February 2012, in the cases laid down in Article 16 of this Law, and which had previously been affected by the temporary regulation of suspension of contracts or reduction of working time in the cases referred to in that provision, shall be entitled, where appropriate, to the replacement of unemployment benefits, in terms and with the limits laid down in the rules in force at the time when the dismissal or administrative or judicial decision has occurred which authorized the termination of the contract.

Workers affected by decisions, administrative or judicial decisions issued until 31 December 2011 inclusive, who have authorized suspensions of work contracts or reductions in working hours effective from 1 January 2012, they shall be entitled, where appropriate, to the replacement of unemployment benefits on the terms and with the limits laid down in Article 16.

Transitional disposition fourth. Validity of the reported conventions.

In the collective agreements that were already denounced to the date of entry into force of this Law, the period of one year referred to in Article 86 (3) of the Workers ' Statute, in the wording given to it by this Act, it shall begin to be computed from that date of entry into force.

Transient disposition fifth. Compensation for wrongful termination.

1. The severance allowance provided for in Article 56 (1) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of 24 March, in the wording given by this Law, will be implementation of the contracts entered into from 12 February 2012.

2. The compensation for dismissal arising from contracts entered into before 12 February 2012 shall be calculated on the basis of 45 days ' salary per year of service for the period of service provided before that date, For months, the periods of time of less than one year, and at the rate of 33 days of salary per year of service for the time of service, are extended for months, with periods of time less than one year being equally extended for months. The resulting compensation shall not exceed 720 days of salary, except that the calculation of the compensation for the period before 12 February 2012 results in a higher number of days, in which case it shall be applied as an amount maximum compensation, without this amount being greater than 42 monthly payments, in no case.

3. In the case of contract workers for the promotion of indefinite procurement, the provisions of the Sixth Transitional Provision of this Law shall be made.

Transitional disposition sixth. Contracts for the promotion of indefinite procurement concluded before 12 February 2012.

The contracts for the promotion of indefinite contracts concluded before 12 February 2012 will continue to be governed by the rules under which they were concluded.

notwithstanding the foregoing, in the event of disciplinary dismissal, the wrongful termination allowance shall be calculated in accordance with paragraph 2 of the fifth transitional provision of this Act.

Transitional disposition seventh. Training activity and its funding in the contracts for training and learning in force.

1. In the case of contracts for training and apprenticeship, from 31 August 2011 to 12 February 2012, in cases where there is a degree of professional training or a certificate of professionalism related to the work cash to be made, and training centres available for delivery, the training activity inherent in these contracts will be initiated upon application by the company once it has been authorised by the Public Employment Services of the Autonomous Communities. This authorisation shall be communicated to the State Employment Public Service for the purposes of monitoring the application of the corresponding bonuses.

2. In cases where there is no professional training or certificate of professionalism related to the actual work to be carried out, or training centres available for delivery, the training activity inherent in these contracts is constituted by the minimum indicative contents established in the file of training specialties, accessible for consultation on the website of the Public Service of State Employment, www.sepe.es and in those of the Public Services Corresponding employment of the Autonomous Communities, for occupations or specialties relating to the work activity referred to in the contract; failing that, it shall consist of the training content determined by the undertakings or communicated by the undertakings to the State Employment Public Service and the Public Employment Services for the Autonomous Communities, for the purposes of their validation within the framework of the National Employment System.

3. In the cases referred to in the preceding paragraph, the duration of the training activity shall be in accordance with the characteristics of the employment activity to be performed, while respecting the number of hours established by the Public Service State employment for training courses suitable for such work.

4. In the cases referred to in paragraph 2, the training inherent in the contract must be carried out by the undertaking directly or through the centres approved by the State Employment Public Service and the Public Employment Services. corresponding to the Autonomous Communities.

5. The qualification or professional competence acquired through the contract for training and learning, in the cases referred to in paragraph 2, shall be subject to accreditation in the terms referred to in Article 11.2 of the Royal Decree 395/2007, of 23 March, for which the occupational training subsystem for employment is regulated.

6. Until the regulatory development of this Law comes into force, in the cases referred to in this transitional provision, companies may be able to finance the cost of training inherent in contracts for training and learning. by means of bonuses in the business quotas for social security, under the heading provided for in the budget of the State Employment Service for the financing of the social security contributions, (a) measures for the promotion of employment by employment contracts.

For these purposes, Articles 9, 10 and 11 of the Order of the Ministry of Labour and Social Affairs of 4 July 1998 on the training aspects of the training contract and its rules of procedure will apply. development.

Transient disposition octave. Training activity and its funding in the contracts for training and learning concluded from 12 February 2012.

1. In the case of contracts for training and learning signed since 12 February 2012, in cases where there is a degree of professional training or certificate of professionalism related to the effective work to be carried out, and The training activity inherent in these contracts will be initiated upon application by the company once it has been authorized by the Public Employment Services of the Autonomous Communities or by the Public Service of State Employment in the field of their respective competences. The Public Employment Services of the Autonomous Communities shall communicate this authorization to the State Employment Public Service for the purposes of monitoring the application of the corresponding bonuses.

2. In the case of contracts for training and apprenticeship which are signed in the 12 months following 12 February 2012, in cases where there is no evidence of professional training or a certificate of professionalism related to the work cash to be made, or training centres available for its delivery, the training activity inherent in these contracts will be constituted by the minimum indicative contents established in the file of training specialties, accessible for consultation on the websites of the State Employment Public Service www.sepe.es and in the the corresponding Public Employment Services of the Autonomous Communities, for occupations or specialties relating to the work activity referred to in the contract; failing that, it shall consist of the training contents determined by the companies or communicated by them to the State Employment Public Service and the corresponding Public Employment Services of the Autonomous Communities, for the purposes of their validation within the framework of the National Employment System.

3. In the cases referred to in the preceding paragraph, the duration of the training activity shall be in accordance with the characteristics of the employment activity to be performed, while respecting the number of hours established by the Public Service State employment for training courses suitable for such work.

4. In the cases referred to in paragraph 2, the training inherent in the contract must be carried out by the undertaking directly or through the centres approved by the State Employment Public Service and the Public Employment Services. corresponding to the Autonomous Communities.

5. The qualification or professional competence acquired through the contract for training and learning, in the cases referred to in paragraph 2, shall be subject to accreditation in the terms referred to in Article 11.2 of the Royal Decree 395/2007, of 23 March, for which the occupational training subsystem for employment is regulated.

6. Until the entry into force of the regulatory development of the provisions of this Law in respect of contracts for training and learning, in the cases referred to in this transitional provision, companies may finance the cost of the In the case of the Commission, the Commission, in the light of the information provided by the Commission, has provided the Commission with a view to the conclusion of the agreement between the European Economic Community and the United States. Social security contributions to measures to promote employment by recruitment work.

For these purposes, Articles 9, 10 and 11 of the Order of the Ministry of Labour and Social Affairs of 4 July 1998 on the training aspects of the training contract and its rules of procedure will apply. development.

transient disposition ninth. Conclusion of contracts for training and learning and contracts for work for an indefinite period of support for entrepreneurs in relation to the unemployment rate.

1. Until the unemployment rate in our country is below 15%, contracts for training and learning with workers under the age of 30 will be able to be awarded without the maximum age limit set in the the first paragraph of Article 11.2.a) of the Staff Regulations.

2. Until the unemployment rate in our country is below 15 percent, work contracts may be carried out for an indefinite period of support to the entrepreneurs referred to in Article 4 of this Law.

Transient disposition tenth. Regime applicable to the cases of regulation of employment in processing or in force in its application to 12 February 2012.

1. The employment regulation files for the termination or suspension of work contracts, or for the reduction of working hours, which are in the process of being processed on 12 February 2012, shall be governed by the regulations in force at the time of their commencement.

2. The files for the regulation of employment for the extinction or the suspension of the contracts of work or for the reduction of the working day, resolved by the Employment Authority and with effect in its application to 12 February 2012 will be governed by the regulations in force when the resolution of the file was issued.

Transient disposition eleventh. Rules concerning the procedural mode of Article 124 of Law 36/2011 of 10 October, Regulatory of Social Jurisdiction.

The procedural modality provided for in Article 124 of Law 36/2011 of October 10, Regulatory of Social Jurisdiction shall apply to collective redundancies initiated after 12 February 2012.

Transient Disposition twelfth. Transitional rules on the financial contributions of companies with profits making collective redundancies.

Companies affected by the additional provision of Law 27/2011 of 1 August on updating, adapting and modernising the Social Security system, which have made collective redundancies already authorised by the labour authority before 12 February 2012, they shall only make the financial contributions referred to in that provision where the decisions which have authorised the extinctions affect at least 100 workers.

transient disposition thirteenth. Quota reductions in contracts for training.

The reductions in the indefinite conversion of contracts for training and learning as set out in Article 3 (2) shall also apply in the case of contracts for training concluded with prior to the entry into force of Royal Decree-Law 10/2011 of 26 August, which will be transformed into indefinite as from 1 January 2012.

Transitional disposition fourteenth. Transitional rules in relation to collective redundancies affecting workers of fifty or more years in companies with profits.

1. The provisions of the Additional Provision of Law 27/2011 of 1 August of 1 August updating, adapting and modernising the system of social security, as amended by this law, shall apply to redundancies. collective initiated from the entry into force of the same.

2. The amount of the financial contribution to be made by the undertakings in application of the provisions of the additional provision of Law 27/2011 for collective redundancies initiated after 27 April 2011 and with Prior to the entry into force of this law, it shall be determined in accordance with the limits and requirements laid down in the wording of that provision applicable on the basis of the date of the start of the collective dismissal, without in any event being able to (a) to include in that amount the amount corresponding to the unemployment benefits or benefits of the employees of the 50 or more years of age which have been terminated by the undertakings which were obliged to pay the latter before 27 April 2011.

3. By way of derogation from the transitional provision tenth, for the determination of the amount of the contribution referred to in the previous paragraph in respect of workers affected by supplementary decisions of the principal, in (a) the date of the start of the collective dismissal shall be taken as the starting date for the collective dismissal of the contract of employment, which shall be taken as the date of the start of the collective dismissal; application of the supplementary resolution which finally authorizes the extension of the number of extinctions or the suspension of contracts or reductions in working time, provided that such request is later than 12 February 2012.

15th transient disposition. Transitional rules in relation to the clauses of collective agreements relating to the fulfilment of the ordinary retirement age.

1. What is established in the additional provision of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of March 24, in the wording given to it by this law, will apply to the collective agreements to be signed on the basis of the entry into force of this law.

2. The abovementioned additional provision of the Staff Regulations shall apply to collective agreements entered into prior to the date of entry into force of this law in the following terms:

a) When the completion of the agreed initial validity of such conventions occurs after the date of entry into force of this law, the application will occur as of the date of the said termination.

b) When the completion of the agreed initial term of such conventions would have occurred prior to the date of entry into force of this law, the application will take place as of this last date.

Single repeal provision. Scope of regulatory repeal.

1. The following provisions are expressly repealed:

(a) Article 6.3 of the Recast Text of the Law on Infringements and Sanctions in the Social Order, approved by Royal Legislative Decree 5/2000 of 4 August.

(b) The additional provision of Law 12/2001 of 9 July 2001 for urgent measures to reform the labour market for increased employment and improving its quality.

(c) The third and seventh transitional provisions of Law 35/2010 of 17 September 2010 on urgent measures for the reform of the labour market.

(d) The second transitional provision of Royal Decree-Law 7/2011 of 10 June 2011 of urgent measures for the reform of collective bargaining.

(e) Article 105 (3) of Law 36/2011 of 10 October, Regulatory of Social Jurisdiction.

(f) Article 4.2 of Law 43/2006 of 29 December 2006 for the improvement of growth and employment.

(g) Article 2 and the final provision of Royal Decree-Law 10/2011 of 26 August 2011 of urgent measures for the promotion of employment of young people, the promotion of stability in employment and the maintenance of the programme (a) the professional qualification of persons who have exhausted their protection by unemployment.

(h) The third transitional provision and the single derogation from Royal Decree-Law 3/2011 of 18 February 2011 of urgent measures for the improvement of employability and the reform of active employment policies.

2. Any rules of equal or lower rank shall be repealed or are contrary to the provisions of this Law.

Final disposition first. Changes in the reconciliation of work and family life.

1. Article 37 (4) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" 4. In the case of child birth, adoption or acceptance in accordance with Article 45.1 (d) of this Law, for the breastfeeding of the child until the child is nine months old, workers shall be entitled to an hour of absence from work, which may be divide into two fractions. The duration of the permit shall be increased proportionally in the cases of birth, adoption or multiple acceptance.

Who exercises this right, by its will, may replace it with a reduction of its working day in half an hour for the same purpose or accumulate in full days in the terms foreseen in the collective bargaining or in the the agreement to be reached with the employer, respecting, where appropriate, what is established in that case.

This permit constitutes an individual right of workers, men or women, but may only be exercised by one parent in case both work. "

2. The first paragraph of Article 37 (5) of the recast text of the Law on Workers ' Statute, adopted by Royal Decree-Law 1/1995 of 24 March, is worded as follows:

" 5. Those who, for reasons of legal guardian, have a direct care of a child of less than eight years or a person with physical, mental or sensory disabilities, who do not carry out a paid activity, shall be entitled to a reduction in the working day, with the proportional reduction of the salary between at least one eighth and a maximum of half the duration of the salary. "

3. Article 37 (6) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" 6. The time-frame and the determination of the period of enjoyment of the breastfeeding permit and the reduction of working hours, as provided for in paragraphs 4 and 5 of this article, shall correspond to the worker, within his ordinary day. However, collective agreements may lay down criteria for the time-frame for the reduction of working hours referred to in paragraph 5, in the light of the rights of reconciliation of the worker's personal, family and working life, and the productive and organizational needs of the enterprises. The worker, except in force majeure, shall be required to provide the employer with a period of time of 15 days or to determine in the applicable collective agreement, specifying the date on which he or she shall initiate and terminate the breastfeeding permit or the reduction of the day.

The discrepancies between the employer and the worker regarding the time and the determination of the periods of enjoyment provided for in paragraphs 4 and 5 of this article will be resolved by the social jurisdiction through of the procedure laid down in Article 139 of Law 36/2011 of 10 October, regulating social jurisdiction. "

4. Article 38 (3) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" 3. The holiday calendar will be fixed at each company. The worker will know the dates that correspond to him two months before, at least, the beginning of the enjoyment.

When the holiday period laid down in the holiday calendar of the undertaking referred to in the preceding paragraph coincides in time with a temporary incapacity arising from pregnancy, childbirth or natural lactation or with the period of suspension of the contract of employment provided for in Article 48.4 and 48.bis of this Law, shall be entitled to enjoy the holidays on a date other than that of the temporary incapacity or the enjoyment of the permit which, by application of the said precept was concerned, at the end of the period of suspension, even if the calendar year ended which correspond.

In the event that the holiday period coincides with a temporary incapacity for contingencies other than those mentioned in the previous paragraph that makes it impossible for the worker to enjoy them, in whole or in part, during the year natural to which they correspond, the worker may do so once his incapacity is completed and provided that no more than 18 months have elapsed from the end of the year in which they originated. "

Final disposition second. Training account.

The Government shall develop the training account provided for in Article 26 (10) of Law 56/2003 of 16 December 2003 on Employment.

Final disposition third. Check training.

The government, after consultation with the social partners, will assess the desirability of creating a training check to finance the individual right to train workers.

Final disposition fourth. Measures to promote the maintenance of the employment of older workers.

One. The additional sixteenth provision of Law 27/2011 of 1 August, updating, adapting and modernising the Social Security system, is worded as follows:

" Additional Disposition sixteenth. Collective redundancies affecting workers of fifty or more years in companies with profits.

1. Companies making collective redundancies in accordance with the provisions of Article 51 of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, which include workers from Fifty or more years of age, they must make an economic contribution to the Public Treasury, provided that in such collective redundancies the following circumstances are met:

(a) to be performed by companies of more than 100 employees or by companies that are part of groups of companies that employ that number of workers.

b) Affecting workers of fifty or more years of age.

(c) That, even if the economic, technical, organisational or production causes which justify them, the undertakings or group of undertakings of which they are party have already made profits in the two financial years prior to the one in which the employer initiates the collective dismissal procedure.

2. For the purposes of calculating the financial contribution referred to in the preceding paragraph, the amount of unemployment benefits and allowances for workers aged 50 or more affected by the collective redundancy shall be taken into account. including social security contributions made by the State Employment Public Service in accordance with the provisions set out in the following paragraphs. The amounts made by the State Employment Public Service shall also be included for the purposes of calculating the financial contribution for the purposes of the concepts of workers of fifty or more years whose contracts have been extinguished by the initiative of the undertaking or undertakings of the same group, by virtue of other reasons not inherent in the person of the worker other than those provided for in Article 49 (1) (c) of the Staff Regulations, provided that these contract extinctions are have been produced in the three years before or after the start of collective redundancies.

However, the amounts of benefits and unemployment benefits of workers aged 50 or over who would have been affected shall be excluded from the calculation of the financial contribution at the request of the undertaking concerned. been the subject of a recolocation in the same undertaking, or in another undertaking of the group of which it is a party, or in any other undertaking, within six months of the date on which the termination of its employment contracts occurs. In such cases the company must prove these ends in the procedure.

3. The amount of the contribution shall be determined annually by the application of the type set out in paragraph 4 on each of the following:

(a) Total amount actually paid by the State Employment Service for unemployment benefits of the contributory level of workers of fifty or more years affected by the redundancies, total generated or partially by virtue of the contributions credited to the company that promoted his dismissal.

(b) Total amount actually paid by the State Employment Service for Social Security contributions by the managing body of the unemployment benefits for the workers concerned, during the period perception of the same.

(c) A fixed fee for each worker who has exhausted the unemployment benefit at the contributory level and who begins to receive the allowance for exhaustion of the same or that of over 52. This fee shall be calculated by means of aggregation over a six-year period of the sum of the annual cost of the unemployment allowance plus that of the retirement contribution on behalf of the managing body in the year of exhaustion.

The fixed fee will also be made effective for each worker who, not entitled to the payment of contributory unemployment benefit, directly access the unemployment benefit, as a result of the legal situation of unemployment motivated by dismissal.

4. The rate applicable shall be that fixed by the following scale according to the number of employees of the undertaking, the number of workers of fifty or more years of age affected by the dismissal and the percentage of the company's profits over the revenue:

Applicable type to calculate the economic contribution

Percentage of affected workers aged 50 or over in relation to the number of redundant workers

Percentage of Benefits on Revenue	Number of workers in the company
	More than 2,000	Between 1,000 and 2,000	Between 101 and 999
More than 35%	More than 10%	100%	95%	90%
	than 10%	95%	90%	85%
15% and 35%	More than 10%	95%	90%	85%
	than 10%	90%	85%	80%
than 15%	More than 10%	75%	70%	65%
	than 10%	70%	65%	60%

5. For the purposes of the preceding paragraph, the following rules shall be taken into account:

(a) The percentage of workers affected by 50 or more years over the total number of workers made redundant will be calculated year-on-year, within the period foreseen for the implementation of the redundancies communicated to the labour authority after the end of the consultation period, taking into account the total number of both groups which have been terminated until the year in which the calculation is made.

(b) The profits of the undertaking or group of undertakings shall be quantified on the basis of the average percentage of the same in respect of the income obtained in the two years immediately preceding the year in which the employer communicate to the labour authority the opening of the period of consultation which should precede collective redundancies.

(c) The number of employees of the undertaking or group of undertakings shall be calculated on the basis of the number of employees in the undertaking or group of undertakings at the time of the communication to the labour authority of the opening of the consultation period. which precedes collective redundancy, regardless of whether they are working in full or part time.

6. The procedure for the settlement and payment of the financial contribution shall be determined by regulation.

7. Where the collective dismissal involves the total cessation of the activity of the company in the Spanish territory, the appropriate precautionary measures may be taken, in accordance with the law, to ensure the collection of the debt corresponding to the contribution economic, even if this has not been the subject of prior quantification and settlement.

8. The contribution referred to in this provision shall, of course, be required where the undertaking applies temporary measures for the regulation of employment affecting workers of 50 or more years prior to the termination of the contract. of the employment contracts of the same workers, whatever the cause of the termination of the contract of employment, provided that not more than one year has elapsed since the end of the legal situation of unemployment arising from the application of the temporary measures for the regulation of employment and the termination of the contract of each worker.

In any event, the amount of the amounts made by the State Employment Service referred to in paragraph 2 shall be taken into account for the calculation of the financial contribution during the periods of application of the temporary employment adjustment measures prior to the termination of the contracts, including, where appropriate, those which may correspond to the replacement of the duration of the unemployment benefit at the contributory level, without prejudice to the set out in point 3.c).

9. At least 50% of the amounts collected in the immediately preceding financial year shall be entered in the initial budget of the State Employment Public Service for the purpose of financing specific labour reintegration measures and measures for the collective of workers of fifty or more years who are in a legal situation of unemployment, for which in the budget of the State Employment Public Service they must include appropriations intended to finance such actions and measures.

10. The provisions of this provision shall apply to collective redundancy procedures initiated as of 27 April 2011. '

Two. The additional tenth provision of the recast text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/995 of 24 March, is worded as follows:

" Additional Disposition 10th. Clauses of collective agreements relating to the fulfilment of the ordinary retirement age.

The clauses of the collective agreements that permit the termination of the contract of employment by the worker of the ordinary retirement age fixed in the legislation of the Social security, whatever the extent and scope of such clauses. "

Final disposition fifth. Amendments to the recast text of the General Law on Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June.

1. The wording of Article 7 (1) (a) of the General Law on Social Security is amended, which is worded as follows:

(a) employed persons who provide services under the conditions laid down in Article 1 (1) of the Staff Regulations in the various branches of economic activity or treated as such, either possible, seasonal or fixed, even of discontinuous work, and including workers at a distance, and independently, in all cases, of the professional group of the worker, of the form and value of the remuneration he receives and of the nature common or special in their employment relationship. "

2. Article 203 (2) and (3) of the General Law on Social Security are amended, which are worded as follows:

" 2. Unemployment shall be total where the worker ceases, on a temporary or permanent basis, in the activity which he or she has been developing and is subsequently deprived of his/her salary.

For these purposes, total unemployment shall mean the total cessation of the worker in the activity for days complete, continuous or alternate, during, at least, an ordinary working day, by virtue of temporary suspension of contract or temporary reduction of working time, ordered under the provisions of Article 47 of the Staff Regulations.

3. Unemployment shall be partial where the worker is temporarily reduced to his normal daily working day, between a minimum of 10 and a maximum of 70%, provided that the salary is the subject of a similar reduction.

For these purposes, the term reduction of the ordinary daily working day shall be understood as the temporary reduction of the daily working day, which is decided by the employer under the provisions of Article 47 of the Staff Regulations, without including reductions in final days or extended to the entire period remaining from the term of the contract of employment. "

3. Article 208 (1) (a), (2) and (3) of the General Law on Social Security are amended as follows:

" 1. Workers who are included in one of the following cases shall be in a legal position of unemployment:

1) When your employment relationship is extinguished:

(a) By virtue of collective dismissal, adopted by decision of the employer under the provisions of Article 51 of the Staff Regulations, or of a judicial decision taken within a court of insolvency. "

" 2) Where the employment relationship is temporarily suspended, by decision of the employer under Article 47 of the Staff Regulations, or by virtue of a judicial decision taken within a the court of law, or in the case referred to in point (n) of Article 45 (1) of the Staff Regulations.

3) Where the ordinary daily working day is reduced temporarily, by decision of the employer under Article 47 of the Staff Regulations, or by virtue of a judicial decision taken in the (a) a procedure for insolvency proceedings, in both cases in the terms of Article 203.3. '

4. Article 209 (4) of the General Law on Social Security is worded as follows:

" 4. In the event of termination or termination of the employment relationship, the decision of the employer to terminate the relationship shall be understood, by itself and without any need for challenge, as a cause of legal unemployment. The exercise of action against dismissal or termination shall not prevent the birth of the right to benefit. "

5. Article 209 (5) (a) of the General Law on Social Security is worded as follows:

" (a) Where, as a result of the complaint or the appeal, the dismissal is considered inappropriate and the compensation is chosen, the worker shall continue to receive unemployment benefits or, if he is not receiving, shall begin to receive them with effect from the date of the effective cessation of work, provided that the provisions of paragraph 1 of this Article are complied with, taking as the initial date for such compliance the date of the conciliation or Provision of an option for the compensation, or, where appropriate, that of the judgment. "

6. Article 210 (5) of the General Law on Social Security is amended, which is worded as follows:

" 5. In the case of partial unemployment referred to in Article 203.3, the provision of benefits generated shall be produced for hours and not for days. To this end, the percentage consumed shall be equivalent to the reduction of working hours decided by the employer, in accordance with Article 47 of the Staff Regulations. "

7. A new paragraph 3 is incorporated in the seventh additional provision of the General Law on Social Security, with the following wording:

" 3. The contribution of overtime paid by part-time contract workers shall be subject to the following rules:

(a) Remuneration received for overtime in part-time work contracts, whether motivated or not by force majeure, shall be taken into account for the determination of the contribution base by both Common contingencies as professionals.

The contribution rates will be those set by the corresponding State General Budget Law each year.

(b) The overtime contribution of workers on a part-time basis shall be calculated solely for the purpose of determining the statutory basis for the retirement pension; temporary disability, permanent incapacity and death and survival from common contingencies, as well as maternity and paternity benefits.

With respect to benefits arising from professional contingencies, it will be established in general.

(c) The provisions of this paragraph shall apply to workers with a part-time employment contract included in the General Social Security Scheme, except for those covered by the Special Systems for Employees of Agricultural and Household Employees established in the General Regime, in the Special Regime of Coal Mining and for the employed persons included in the Special Regime of Social Security of the Workers of the Sea.

(d) Reglamentarily the terms and conditions for the application of the provisions of this paragraph shall be determined. "

8. The additional fiftieth fourth provision of the recast text of the General Law on Social Security, adopted by Royal Decree-Law 1/1994 of 20 June, is worded as follows:

" Additional 50th-fourth disposition. Add-ons to minimum contributory pensions.

1. The limitation provided for in Article 50 (2) in respect of the amount of the allowances necessary to achieve the minimum amount of pensions shall not apply in respect of pensions which have been previously incurred. to 1 January 2013.

2. In addition, the requirement of residence in Spanish territory referred to in Article 50 (1) to be eligible for the supplement to the minimum amount of pensions shall be required for those pensions whose cause is produces as of 1 January 2013. '

9. An additional six-third additional provision is added to the recast text of the General Law on Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June, in the following terms:

" Additional six-third disposition. Accreditation of legal situations of unemployment arising from collective redundancy, or suspension of the contract and reduction of working hours due to economic, technical, organizational or production causes or due to force majeure.

The legal situations of unemployment referred to in Article 208.1.1 (a); (1.2) and (1.3) of the General Law on Social Security that occur under the provisions of Articles 51 and 47 of the Statute of the Workers, shall be accredited by:

(a) Written communication from the employer to the worker in the terms laid down in Articles 51 or 47 of the Staff Regulations. The cause and date of effect of the legal status of unemployment must appear on the company certificate as a valid document for accreditation. The date of effect of the legal status of unemployment indicated in the company certificate shall be in any event coincident with or after the date on which the business decision adopted by the employer is communicated by the employer to the employment authority. on collective redundancies, or the suspension of contracts, or the reduction of working hours. The deadline laid down in Article 51.4 of the Staff Regulations for collective redundancies shall be respected.

(b) The administrative or judicial conciliation act or the final judicial decision.

The accreditation of the legal status of unemployment must be supplemented by the communication of the employment authority to the managing body of unemployment benefits, of the decision of the employer adopted under the Article 51 or Article 47 of the Staff Regulations, in which the date on which the employer has communicated his decision to the employment authority, the cause of the legal situation of unemployment, the workers concerned, is to be recorded if unemployment is total or partial, and in the first case it is temporary or final. If it is temporary, the time limit for the suspension or reduction of the working day must be specified, and if it is partial, the number of hours of reduction and the percentage that this reduction represents in relation to the daily working day shall be indicated. ordinary work. "

Final disposition sixth. Amendments to the recast of the Law on Infractions and Sanctions in the Social Order, approved by Royal Legislative Decree 5/2000 of 4 August.

1. Article 6 (5) of the recast of the Law on Infringements and Sanctions in the Social Order, adopted by Royal Decree-Law 5/2000 of 4 August, is worded as follows:

" 5. Failure to inform part-time workers, remote workers and workers on fixed-term or temporary contracts on vacancies existing within the undertaking, in accordance with the terms of Articles 12.4, 13.3 and 15.7 of the Workers ' Statute. "

2. Article 7 (6) of the recast of the Law on Infringement and Penalties in the Social Order, adopted by Royal Decree-Law 5/2000 of 4 August, is worded as follows:

" 6. The modification of the substantial working conditions imposed unilaterally by the employer, without recourse to the procedures laid down in Article 41 or Article 82.3 of the Workers ' Statute. "

3. Article 8 (3) of the recast of the Law on Infringements and Penalties in the Social Order, approved by Royal Decree-Law 5/2000 of 4 August, which is worded as follows:

" 3. The collective dismissal of workers or the application of measures for the suspension of contracts or reduction of working hours for economic, technical, organisational or production reasons or arising from force majeure without recourse to the procedures laid down in Articles 51 and 47 of the Staff Regulations. "

4. The first paragraph of Article 40 (1) of the recast of the Law on Infringement and Sanctions in the Social Order, approved by Royal Decree-Law 5/2000 of 4 August, is amended, which is worded as follows: terms:

" 1. Infringements in the field of employment relations and employment in the field of social security, without prejudice to the following paragraph 3, in the field of migratory movements and the work of foreign nationals, in the field of employment temporary and user undertakings, other than those relating to matters of prevention of occupational risks, which shall be covered by paragraph 2 of this Article, as well as obstruction offences shall be punishable: '

Final disposition seventh. Amendment of Royal Decree 395/2007 of 23 March 2007 regulating the subsystem of vocational training for employment.

1. Royal Decree 395/2007 of 23 March 2007 regulating the occupational training subsystem for employment is worded as follows:

(a) A new paragraph 3 is added to Article 22, in the following terms:

" 3. The State Employment Public Service shall specify in each call the training actions which are of priority, without prejudice to those identified by the Sectoral Joint Committees. Priority training actions should seek to anticipate the formation of the new production model, with a view to the most innovative sectors. "

b) A new paragraph 4 is added to Article 22, in the following terms:

" 4. The Public Employment Services of the Autonomous Communities shall specify in each call the training actions which are of priority, without prejudice to those identified by the Sectoral Joint Committees. Priority training actions should seek to anticipate the formation of the new production model, with a view to the most innovative sectors. "

(c) Article 24 (2) is worded as follows:

" 2. At the State level, the implementation of the training plans shall be carried out by means of agreements concluded in the framework of the National Employment System between the State Employment Public Service and the following organisations and entities:

-The most representative business and trade union organisations at the state level, in the case of cross-sectoral training schemes.

These plans will also be implemented through agreements signed with the representative organizations of the social economy with notable implementation at the state level and representative organizations of autonomous areas State and sufficient implementation, in which case the training will be directed specifically to the workers ' groups of the social economy and the self-employed, respectively.

-The most representative business and trade union organisations at the state level and the representative organisations in this field, in the case of sectoral training schemes, as well as the joint entities created or covered by the the framework of the state sector collective bargaining. In those sectors where there is no state sectoral collective bargaining, or the sector is not sufficiently structured, the measures necessary to ensure the training of supply in those sectors shall be articulated.

-Training centres and entities duly accredited and registered in the State Register of Training Institutions and Institutions. "

(d) Article 24 (3) is worded as follows:

" 3. In the field of autonomy, and without prejudice to the powers of the Autonomous Communities, the implementation of the training plans shall be carried out within the framework of the conventions concluded between the competent body or body of the Community. Autonomous and the following organizations:

-The most representative business and trade union organizations at the state level and the most representative in the autonomous field, in the case of cross-sectoral training plans.

These plans will also be implemented through agreements signed with the representative organizations of the social economy and the representative of the self-employed, in both cases with sufficient implementation in the autonomous area. and for training specifically aimed at the collective workers of the social economy and the self-employed, respectively.

-The most representative and representative business and trade unions in the sector concerned, in the case of sectoral training plans, as well as the joint entities created or covered by the framework of the state sector collective bargaining.

-The training centres and entities duly accredited and registered in the Register of Centres and Training Entities of the corresponding Autonomous Community. "

2. The Government may, by means of royal decree, amend the provisions of paragraph 1 above.

Final disposition octave. Form of contract.

Article 8 (2) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of March 24, is worded as follows:

" 2. Contracts of employment shall be entered in writing where a legal provision and, in any case, practices and for training and learning, part-time contracts, fixed-discontinuous and relief contracts, contracts for the purpose of the contract are required. carrying out a specific work or service, those of workers working at a distance and those employed in Spain at the service of Spanish companies abroad. Contracts shall also be written in writing for a given period of more than four weeks. In the absence of such a requirement, the contract shall be presumed to be concluded for an indefinite period of time, unless it proves otherwise that its temporary nature or the part-time nature of the services is accredited. "

Final disposition ninth. Temporary incapacity in the employment and training programmes.

Paragraph 2 of the additional decision of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is amended with the following wording:

" 2. The age and duration limit for contracts for the training and learning provided for in Article 11 (2) (a) and (b) shall not apply when they are concluded in the framework of the actions and measures laid down in point (d) of the Article 25 (1) of Law 56/2003 of 16 December 2003 on Employment. Also, in these contracts, situations of temporary incapacity, risk during pregnancy, maternity, adoption or reception, risk during breast-feeding and paternity will not interrupt the calculation of the duration of the contract. "

Final disposition tenth. Amendment of Law 56/2003, of 16 December, of Employment.

One. Article 25 (1) (f) of Law 56/2003 of 16 December 2003 on employment is hereby amended as follows:

(f) Opportunities for groups with special difficulties: actions and measures for the insertion of workers from groups which, in a structural or economic situation, have particular difficulties in accessing and staying in the employment. To this end, the situation of women victims of gender-based violence, of persons with disabilities, of persons in situations of social exclusion and of the victims of terrorism, will be particularly taken into account. In relation to persons with disabilities, their recruitment will be encouraged in both ordinary employment and protected employment through the Special Employment Centres. In the case of persons in a situation of social exclusion, their recruitment will be boosted through the insertion companies.

The Government will ensure in the Spanish Employment Strategy equal opportunities for people with disabilities in access and maintenance in employment. "

Two. A new additional provision is included in Law 56/2003 of 16 December 2003 on Employment, with the following wording:

" Additional provision ninth. Consideration of victims of terrorism for the purpose of active employment policies.

For the purposes of Article 25 (1) (f), persons referred to in Article 34 of Law 29/2011 of 22 September of the European Union for Recognition and Protection shall be deemed to be victims of terrorism. Integral to the Victims of Terrorism. "

Final disposition eleventh. Amendment of Law 35/2006, of 28 November, of the Tax on the Income of the Physical Persons and of partial modification of the laws of the Taxes on Societies, on the Income of Non-Residents and on the Heritage.

With effect from the entry into force of Royal Decree-Law 3/2012 of 10 February, of urgent measures for the reform of the labour market, the following amendments are introduced in Law 35/2006, of 28 November, of the Tax on the Income of the Physical Persons and the partial modification of the laws of the Taxes on Societies, on the Income of Non-Residents and on the Heritage:

One. Article 7 (e) is amended, which is worded as follows:

" (e) Compensation for dismissal or termination of the worker, in the amount established on a compulsory basis in the Workers ' Statute, in his or her development rules or, where appropriate, in the regulations governing the execution of judgments, without it being possible to be considered as such established under convention, covenant or contract.

Subject to the provisions of the preceding paragraph, in the case of collective redundancies made in accordance with Article 51 of the Workers ' Statute, or produced by the causes provided for in the Article 52 (c) of the Staff Regulations, provided that, in both cases, they are due to economic, technical, organisational, production or force majeure causes, the part of the compensation which does not exceed the limits laid down shall be exempt as required by the aforementioned Statute for unfair dismissal. '

Two. A new transitional provision twenty-second is added, which is worded as follows:

" Transient disposition twenty-second. Exempt severance payments.

1. The severance payments produced since the entry into force of Royal Decree-Law 3/2012 of 10 February, of urgent measures for the reform of the labour market, and until the day of the entry into force of the Law, of urgent measures for the reform of the labour market, shall be exempt from the amount not exceeding that which would have been the case where the latter had been declared inadmissible, where the employer so recognises at the time of the dismissal or in the any other prior to the act of conciliation and not to be terminated by mutual agreement in the framework of plans or collective low-incentive systems.

2. Compensation for dismissal or termination of the employment regulation files referred to in the transitional provision of the Law, for urgent measures for the reform of the labour market, approved by the competent authority From 8 March 2009, they shall be exempt from the amount not exceeding 40 and five days 'salary per year of service, with periods of time less than one year extending for months up to a maximum of 40 and two monthly payments.'

Final disposition twelfth. Implementation of actions and measures of active employment policies covered by the State regulations in the field of the Spanish Employment Strategy 2012-2014.

1. The actions and measures of active employment policies governed by the rules set out below will have the character of State measures for the purposes of their implementation by the Autonomous Communities and the Public Employment Service. State, in their respective fields of competence, in the framework of the Spanish Employment Strategy 2012-2014, approved by Royal Decree 1542/2011 of 31 October and in respect of the areas of active employment policies referred to in that Strategy:

(a) Chapter II of Royal Decree 1451/1983 of 11 May 1983, which, in compliance with the provisions of Law 13/1982 of 7 April 1982, regulates selective employment and measures to promote the employment of workers disabled.

(b) Chapter VII of Royal Decree 2273/1985 of 4 December 1985 on the Regulation of the Special Centres for Employment, as defined in Article 42 of Law No 13/1982 of 7 April 1982 on the Social Integration of the Disabled.

(c) Articles 12 and 13 of Royal Decree 290/2004 of 20 February on the regulation of occupational enclaves as a measure to promote the employment of persons with disabilities.

(d) Royal Decree 870/2007 of 2 July governing the employment programme with support as a measure to promote the employment of persons with disabilities in the ordinary labour market.

e) Royal Decree 469/2006, of 21 April, regulating the units of support for the professional activity in the special centers of employment.

(f) Royal Decree 282/1999 of 22 February establishing the Employment Workshops programme.

g) The Order TAS/816/2005 of 21 March, adapting to the legal regime established in Law 38/2003 of 17 November, General of Grants the regulatory rules of grants to be granted by the Service State Employment in the fields of employment and occupational vocational training.

(h) Order of the Ministry of Labour and Social Security of 9 March 1994 laying down the basis for the granting of aid by the National Employment Institute for the purpose of carrying out checks of professionalism, professional information, career guidance and active job search, by non-profit entities and collaborating institutions.

(i) Order of the Ministry of Labour and Social Affairs of 20 January 1998 laying down the regulatory bases for the award of grants for the implementation of vocational guidance for employment and assistance for self-employment.

(j) Order TAS/2643/2003 of 18 September 2003 laying down the basis for the award of grants for the implementation of experimental programmes in the field of employment.

(k) Order of the Ministry of Labour and Social Security of 13 April 1994 regulating the granting of aid and subsidies on the promotion of the employment of disabled workers as laid down in the Chapter II of Royal Decree 1451/1983, of 11 May.

(l) Order of the Ministry of Labour and Social Affairs of 16 October 1998 laying down the regulatory basis for the granting of aid and public subsidies for the promotion of labour integration disabled people in special centres of employment and self-employment.

(m) Order of the Ministry of Labour and Social Affairs of 19 December 1997 laying down the basis for the granting of public subsidies by the National Institute of Employment in the field of collaboration with organs of the General Administration of the State and its autonomous organizations, Autonomous Communities, Universities and non-profit institutions, which employ unemployed workers for the construction of works and services general and social interest.

(n) Order TAS/2435/2004 of 20 July derogating from certain public programmes for the improvement of occupational safety in relation to the use of the contract of insertion and amending the Order of the Ministry of Labour and Social Affairs of 19 December 1997 laying down the basis for the granting of public grants by the National Institute of Employment in the field of collaboration with bodies of the General Administration of the State and its self-employed bodies, Autonomous Communities, Universities and non-public institutions (i) for the purpose of the implementation of the programme for the implementation of work and services of general and social interest.

(o) Order of the Ministry of Labour and Social Affairs of 26 October 1998 laying down the basis for the award of grants by the National Institute of Employment in the field of collaboration with the Local authorities for the recruitment of unemployed workers in the performance of works and services of general and social interest.

(p) Order of the Ministry of Labour and Social Affairs of 15 July 1999 laying down the basis for the granting of public grants for the promotion of local development and the promotion of projects and enterprises rated as R + E.

(q) Order TAS/1622/2007 of 5 June 2007 regulating the award of grants to the programme for the promotion of self-employment.

(r) Order of the Ministry of Labour and Social Affairs of 13 April 1994, of a regulatory basis for the granting of subsidies consisting of the payment, to workers who make use of the right provided for in Article 1 of Royal Decree 1044/1985.

s) Order of the Ministry of Labour and Social Affairs of 14 November 2001, which regulates the programme of workshops and workshops and the promotion and development units and establishes the regulatory bases for the granting of public subsidies to such programmes.

(t) Order of the Ministry of Labour and Social Affairs of 14 November 2001, for the development of Royal Decree 282/1999 of 22 February, establishing the Employment Workshops Programme, and establishing the basis for the (a) the granting of public grants to such a programme.

u) Order TAS/ 3501/2005 of 7 November establishing the regulatory basis for the award of grants to promote employment and improve competitiveness in cooperatives and working societies.

2. The Autonomous Communities may, by way of the State resources distributed through the Sectoral Conference, carry out the actions and measures governed by the State rules referred to in the previous paragraph, or, measures for active employment policies, other than the previous ones, adapted to the reality of the unemployed and the productive fabric of their territorial area. In any case, actions and measures should be directed towards the fulfilment of the objectives set out in the Annual Employment Policy Plan of each year and be integrated into the different areas of the Spanish Employment Strategy 2012-2014.

3. The Government, throughout the present legislature, will regulate, a new legal framework for State measures of active employment policies aimed at integrated to favor the employment inclusion of persons with disabilities, which will establish the minimum content to be applied in the State as a whole. Transitional measures and measures which can be carried out by the Autonomous Communities in relation to active employment policies directed at the disabled must respect the common content of the State aid measures. employment of persons with disabilities provided for in the Spanish Employment Strategy 2012-2014 approved by Royal Decree 1542/2011 of 31 October.

Final disposition thirteenth. Amendment of the rules on the payment of unemployment benefit in the form of single payment of the transitional provision fourth of Law 45/2002 of 12 December 2002 of urgent measures for the reform of the system of protection for unemployment and improvement of the workability.

Rule 3 (1) of the fourth transitional provision of Law 45/2002 of 12 December 2002 on urgent measures for the reform of the system for the protection of unemployment and the improvement of occupational safety is amended. Worded as follows:

"3." 3. The provisions of rules 1. and 2. will also apply to beneficiaries of contributory level unemployment benefit, which they intend to constitute as self-employed workers and not to persons with disability equal to or greater than 33 per 100.

In the case of Rule 1, the one-time payment will be made for the amount corresponding to the investment required to develop the activity, including the amount of the tax charges for the start of the activity, with the ceiling of 60 per 100 of the amount of the contributory level unemployment benefit to be charged, the maximum limit being 100 per cent where the beneficiaries are young men up to 30 years of age or young women up to 35 years, both inclusive, considering the age at the date of the application. "

Final disposition fourteenth. Changes in the field of bonuses for the recruitment of victims of terrorism, victims of gender-based violence or domestic violence and workers in situations of social exclusion.

One. Article 1 (2) of Law 43/2006 of 29 December 2006 for the improvement of growth and employment is amended as follows:

" 2. In addition, exceptional bonuses are provided for temporary contracts to be concluded with workers with disabilities or persons who are in a situation of social exclusion, provided that, in both cases, they are unemployed and registered in the Employment Office, as well as with persons who have been accredited as a victim of gender-based violence in the terms of the Organic Law 1/2004 of 28 December, of Comprehensive Protection Measures against the Gender-based violence, or domestic violence victim or with persons who have been accredited as a victim of terrorism, in accordance with the provisions of Article 34 of Law 29/2011 of 22 September of Recognition and Integral Protection of Victims of Terrorism. "

Two. A new paragraph 4a is added to Article 2 of Law 43/2006 of 29 December 2006 for the improvement of growth and employment, with the following wording:

" 4 bis. Employers who engage indefinitely with persons who are accredited as a victim of terrorism, in accordance with the provisions of Article 34 of Law 29/2011 of 22 September of Recognition and Integral Protection of Victims of Terrorism, without the condition of being unemployed, shall be entitled, from the date of conclusion of the contract, to a monthly allowance for the business quota for Social Security or, where appropriate, for its equivalent daily, per contract worker of 125 euros/month (1,500 euros/year) for 4 years.

In the case of temporary contracts with these persons, a monthly allowance for the business quota for Social Security or, where appropriate, for its daily equivalent, per contract worker of 50, shall be entitled euro/month (600 euro/year), for the duration of the contract. "

Three. A new paragraph 6 is added to Article 2 of Law 43/2006 of 29 December for the improvement of growth and employment, with the following wording:

" 6. The indefinite contracting allowances provided for in paragraphs 4, 4a and 5 shall also apply in the case of the processing of temporary contracts concluded with persons belonging to the European Union. respectively to each of the collectives referred to in those paragraphs. '

Four. Article 34 of Law 29/2011 of 22 September of Recognition and Integral Protection of Victims of Terrorism is amended, which is worded as follows:

" Article 34. Of the active employment policies.

Persons who have suffered physical and/or psychological damage as a result of terrorist activity, their spouse or person who has lived with an analogous relationship of affectivity for at least two years before and the children, of the injured and of the deceased, shall be entitled, in accordance with Article 3a and after recognition of the Ministry of the Interior or of a firm judicial judgment, to be beneficiaries of the bonus measures for recruitment and the active employment policies provided for in the specific legislation. "

Final disposition fifteenth. Labour rights of victims of terrorism.

One. Article 33 of Law 29/2011 of 22 September, of Recognition and Integral Protection of Victims of Terrorism, is amended as follows:

" Persons who have suffered physical and/or psychological damage as a result of terrorist activity, their spouse or person who has lived with a similar affectivity relationship for at least two years before and the children, of the injured and of the deceased, prior to the recognition of the Ministry of the Interior or of a firm judicial judgment, they shall be entitled, in the terms provided for in the Staff Regulations, to the reordering of their working time and to the geographical mobility. "

Two. Article 37 (7) of the Staff Regulations is amended as follows:

" 7. Workers who have the consideration of victims of gender-based violence or victims of terrorism will be entitled to make effective their protection or their right to comprehensive social assistance, to the reduction of the working day with a proportional reduction in the salary or rearrangement of working time, through the adaptation of the timetable, the application of the flexible timetable or other forms of organisation of working time to be used in the enterprise.

These rights may be exercised in the terms that for these specific cases are laid down in collective agreements or agreements between the company and the employees ' representatives, or in accordance with the agreement between the company and the workers concerned. Failing this, the realization of these rights shall be the responsibility of the latter, the rules laid down in the previous paragraph being applicable, including those relating to the resolution of discrepancies. "

Three. Article 40.3.a of the Staff Regulations is amended as follows:

" 3.bis). Workers who have the consideration of victims of gender-based violence or victims of terrorism who are forced to leave the job in the locality where they were providing their services, to make their protection effective or their right to comprehensive social assistance, they shall have the right to take up another job, of the same professional group or equivalent category, to have the undertaking vacant in any other of their workplaces.

In such cases, the company will be obliged to communicate to workers the vacancies existing at that time or those that could be produced in the future.

The transfer or change of work centre will have an initial duration of six months, during which the company will have an obligation to reserve the job previously occupied by the workers.

Terminated this period, workers will be able to choose between the return to their previous job or the continuity in the new one. In the latter case, the said reserve obligation shall lapse. '

Four. An additional twenty-second provision is included in the Staff Regulations, with the following content:

" Additional Twenty-second Disposition. Consideration of victims of terrorism for work purposes.

They are considered to be included for the purposes of Articles 37.7 and 40.3.a) of the persons referred to in Articles 5 and 33 of Law 29/2011 of 22 September of Recognition and Integral Protection of Victims of the Terrorism. "

Final disposition sixteenth. Law on the promotion of the employment inclusion of persons with disabilities.

The Government, within twelve months of the entry into force of this Law, will forward to the General Courts a Draft Law on the Promotion of the Employment Inclusion of Persons with Disabilities, in order to establish a new law promotion system which helps to create and maintain the quality of employment of these persons, after consulting the Autonomous Communities, the social partners and the most representative associations of persons with disabilities and their families.

Final disposition seventeenth. Amendment of the recast of the Law on Corporate Tax, approved by the Royal Legislative Decree 4/2004 of 5 March 2004.

With effect from the entry into force of Royal Decree-Law 3/2012 of 10 February, of urgent measures for the reform of the labour market, a new wording is given to Article 43 of the recast of the Tax Law. on Societies, approved by Royal Decree-Law 4/2004 of 5 March 2004:

" Article 43. Deductions for job creation.

1. Entities that hire their first worker through an indefinite employment contract of support to entrepreneurs, as defined in Article 4 of the Law on Urgent Measures for Labor Market Reform, which is less than 30%. years, they will be able to deduct from the quota the amount of 3,000 euros.

2. Without prejudice to the provisions of the preceding paragraph, institutions which have a staff of less than 50 workers at the time when they are engaged in working contracts for an indefinite period of support for entrepreneurs, as defined in Article 4 of this Regulation. The Law on Urgent Measures for Labour Market Reform, with unemployed beneficiaries of a contributory unemployment benefit regulated in Title III of the Recast Text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994, of 20 June, will be able to deduct from the quota 50 percent of the total the following amounts:

(a) The amount of the unemployment benefit that the worker has to receive at the time of employment.

(b) The amount corresponding to twelve monthly unemployment benefits that you have recognized.

This deduction will result from those contracts made in the tax period up to a staff of 50 employees, and provided that, within the 12 months following the start of the employment relationship, an increase in the total average template of the institution in at least one unit compared to the existing one in the previous 12 months occurs in respect of each worker.

The application of this deduction will be conditional on the contract worker having received unemployment benefit for at least three months before the start of the employment relationship. For these purposes, the worker shall provide the institution with a certificate from the State Employment Public Service about the amount of the benefit to be received at the intended start date of the employment relationship.

3. The deductions provided for in the preceding paragraphs shall apply to the full share of the tax period corresponding to the end of the test period of one year required in the relevant type of contract and shall be conditional upon the maintenance of this employment relationship for at least three years from the date of its commencement. Failure to comply with any of the requirements outlined in this article will determine the loss of the deduction, which will be regularised in the form set out in Article 137.3 of this Act.

However, the obligation to maintain employment shall not be deemed to be unfulfilled when the employment contract is extinguished, after the period of proof has elapsed, for objective reasons or disciplinary dismissal where one or the other is declared or recognised as coming, resignation, death, retirement or permanent total incapacity, absolute or great invalidity of the worker.

The contract worker who is entitled to one of the deductions provided for in this Article shall not be counted for the purpose of the increase in the template set out in the second subparagraph of Article 108 (1) and Article 108 (1) Law. "

18th final disposition. Constitutional foundation.

This Law is dictated by the provisions of Article 149.1.6. of the Constitution, which confers exclusive jurisdiction on the State in matters of procedural law, as laid down in Article 149.1.7. Constitution, which attribute exclusive competence to the State on matters of labour law, without prejudice to its execution by the organs of the Autonomous Communities, and of basic legislation and the economic system of social security, without prejudice to the prejudice to the implementation of its services by the Autonomous Communities, respectively, and Article 149.1.14, which gives the State exclusive competence in the field of general taxation and debt of the State, without prejudice to the requirements of the Basque Economic Agreement and the Economic Convention of the European Community Navarra.

Nineteenth final disposition. Powers of development.

1. The Government and the Minister for Employment and Social Security, in the field of their competences, shall dictate the provisions that are necessary for the development and implementation of the provisions of this Law.

2. The Government will approve, within one month of the entry into force of this Law, a royal decree on the regulation of procedure of collective redundancies and suspension of contracts and reduction of the day that develops the established in it, with special attention to the aspects relating to the period of consultation, the information to be provided to the employees ' representatives in the consultation process, the actions of the labour authority to ensure its effectiveness, and the plans for repositioning and the social accompanying measures taken by the employer.

Final disposition 20th. Amendment of Law 27/2011 of 1 August on the updating, adequacy and modernization of the Social Security system.

Law 27/2011 of 1 August on the updating, adequacy and modernization of the Social Security system is amended as follows:

One. Article 3 (1) is worded as follows:

" One. New wording is given to paragraph 1 (b) and Article 140 (4), in the following terms:

" (b) The result obtained in accordance with the above standard shall be applied to the percentage corresponding to the years of contributions, in accordance with the scale provided for in Article 163 (1), the effect as quoted in the years as it has reduced the person concerned, on the date of the causative event, in order to comply with the ordinary retirement age in force at any given time. In the case of not reaching 15 years of contribution, the applicable percentage shall be 50 per 100.

The resulting amount shall be the regulatory basis to which, in order to obtain the amount of the corresponding pension, the percentage envisaged for the recognised degree of incapacity shall be applied. "

" 4. If, in the period to be taken for the calculation of the regulatory base, months during which there was no obligation to list, the first forty-eight monthly payments shall be integrated with the minimum base of all the existing at each moment, and the rest of the mensualities with 50 per 100 of that minimum base.

In cases where in some of the months to be taken into account for the determination of the regulatory base, the obligation to list exists only during a part of it, the integration indicated in the preceding paragraph shall proceed, for the part of the month in which there is no obligation to list, provided that the contribution basis for the first period does not cover the amount of the minimum monthly basis indicated. In this case, the integration will reach the latter amount "."

Two. Article 4 (3) is worded as follows:

" Three. Article 162 (1) is reworded in the following terms:

" 1. The statutory basis for the retirement pension, in its contributory form, shall be the quotient to be divided by 350, the contribution bases of the beneficiary during the 300 months immediately preceding the month preceding that of the cause.

1.1 The computation of the bases referred to in the preceding paragraph shall be made in accordance with the following rules, of which mathematical expression is the formula at the end of this paragraph.

1. The bases corresponding to the 24 months preceding the month prior to that of the causative event shall be computed at their nominal value.

2. The remaining quotation bases shall be updated in accordance with the evolution of the consumer price index from the month to which they correspond, up to the immediate month preceding the month in which the price index was start the period referred to in the previous rule.

Being:

Br = Regulatory Base

B_i = Quote Base for the i-th month before the month before the causative event.

I_i = General consumption price index of the month before the month preceding the month of the causative event.

Being i = 1,2, ..., 300.

1.2 If in the period to be taken for the calculation of the regulatory basis months during which there was no obligation to list, the first forty-eight monthly payments shall be integrated with the minimum of all existing ones at any time, and the rest of the monthly with 50 per 100 of that minimum base.

In cases where in some of the months to be taken into account for the determination of the regulatory base, the obligation to list exists only during a part of it, the integration indicated in the paragraph will proceed. prior to the month in which there is no obligation to list, provided that the contribution basis for the first period does not cover the amount of the minimum monthly basis indicated. In this case, the integration will reach the latter amount "."

Final disposition twenty-first. Entry into force.

This Law shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 6 July 2012.

JOHN CARLOS R.

The President of the Government,

MARIANO RAJOY BREY