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 international financial and economic crisis that has developed since the beginning of 2008 has broken the long path of economic growth and employment that the Spanish economy has experienced since the mid-1990s. As a result, there has been an intense destruction of employment and the consequent increase in unemployment.

The figures in this regard are enlightening. In the last two years, more than two million jobs have been lost in our country and unemployment has grown by almost two and a half million people, which has doubled the unemployment rate to 20%. Unemployment of this magnitude is the first problem for citizens and their families, and it is an unassuming medium-term drag on the economic development and social structure of our country.

in the light of the above, it is necessary to take the necessary steps to ensure that the European Union is able to take the necessary steps to ensure that the European Union is able to achieve its objectives. public policies.

There is no doubt that the main and direct cause of the loss of employment over the last two years has been the fall in productive activity, which, in the first place, resulted from the collapse of the usual credit and debt that decisively supported consumption and investment in the last expansionary stage. A phenomenon common to the countries of our socio-economic environment, and in particular to members of the eurozone.

But it is true that in Spain the incidence of this productive contraction in employment has been higher than that suffered in other countries. And there is a broad coincidence in pointing out how responsible for this negative behavior both the differences in the productive structure of economic growth, and some structural particularities of our labor market, that the Reforms addressed in recent decades have failed to substantially eliminate or reduce.

A few weaknesses in our model of labor relations that, in the end, come to explain the high sensitivity of employment to the economic cycle that has become evident in our country, which makes it grow. in the expansionary phases, but which is destroyed with equal or greater intensity in the stages of crisis, and among which are the following: a significant weight of workers on a temporary contract (around one third of the total (a) the employment of employees), which is an anomaly in the European context, and which has resulted in a strong segmentation between fixed and temporary workers; a lack of development of the possibilities of internal flexibility in the enterprises offered by the current legislation; an insufficient capacity for placement of public employment services; and the persistence of elements of discrimination in the labour market in multiple areas, but in a very marked way in the employment of women, disabled people and older unemployed.

The economic crisis has highlighted the economic and social unsustainability of this model, which has led to the rapid destruction of hundreds of thousands of jobs. The measures contained in this Law are essentially addressed to their correction, which represent a coherent continuation of the actions that the Government has put into practice in the field of employment since the beginning of the aforementioned financial crisis. It precipitated the entry into recession of our economy, together with most of the countries of the euro area.

The speed at which it has evolved has forced to respond with the same pace to alleviate or reverse its most damaging effects, prioritizing at every moment the implementation of work actions with the objective of to strengthen social protection, to encourage recruitment and to improve the employability of the most disadvantaged groups, or to promote the maintenance of employment in enterprises. All this has resulted in a long list of measures that, although adopted at different time points, have been responding to the same logic and also those that are now approved.

The legal changes that are addressed here are part of a broader framework of reforms promoted by the government, integrated into the so-called Sustainable Economy Strategy, presented on 2 December 2001. President of the Government in the Congress of Deputies to accelerate the renewal of our productive model. A scenario of broad-spectrum structural reforms designed to make our economy more resilient in the face of external shocks, to improve its competitiveness in the medium and long term, to strengthen the pillars of our welfare state. and, ultimately, to generate more employment. The Sustainable Economy Strategy included the commitment to carry out a reform of the labour market, which was implemented through the Royal Decree Law 10/2010 of 16 June, which has been replaced by this Law.

Therefore, it is from a comprehensive perspective, that we contemplate all the actions taken in the last two years as the initiatives of the future in motion, that the measures included in this Law acquire its full dimension.

II

This reform aims to contribute to the reduction of unemployment and to increase the productivity of the Spanish economy. For these purposes, it is aimed at correcting the duality of our labour market by promoting stability in employment and increasing the internal flexibility of companies, as more remarkable aspects.

More specifically, the measures included in this rule are aimed at achieving three fundamental objectives.

First, reduce the duality of our labor market, driving stable and quality job creation, in line with the requirements of more balanced and sustainable growth.

Second, to strengthen the instruments of internal flexibility in the development of industrial relations and, in particular, the measures of temporary reduction of working hours, as a mechanism for the maintenance of employment during the economic crisis situations, reducing the use of contract extinctions and offering more healthy alternative mechanisms than temporary hiring to favour the adaptability of businesses.

Third, raising the opportunities of unemployed people, with particular attention to young people, reordering the policy of bonuses to indefinite hiring to make it more efficient, making it more attractive for companies and workers, training contracts and improving the mechanisms of employment intermediation.

The legislative reforms aimed at reducing the duality of our labour market are the first objective of the Law and are the subject of treatment in Chapter I. A coherent and coherent whole is incorporated in this field. balancing of measures which, on the one hand, would restrict the unjustified use of temporary employment and, on the other, favour wider use of indefinite recruitment.

Among the measures aimed at restricting the unjustified use of the temporary arrangements for recruitment should be highlighted those aimed at establishing a maximum temporary limit in contracts for a given work or service, limit to from which the contracted tasks are to be regarded as having a permanent nature and have to be the subject of an indefinite contract; some adjustments are also made to the rule introduced in 2006 in order to avoid the temporary contracts, in order to make it more efficient. Finally, the compensation for the completion of temporary contracts is increased to 12 days. However, reasons for prudence suggest that this increase should be introduced gradually and gradually because of the impact that its immediate implementation could have on job creation.

Among the measures that pursue a more extensive use of indefinite contracting, it must be emphasized, first of all, that the substantive regulation of the indefinite contract of an ordinary character remains uncolumned. All the reforms are focused on the regulation of the contract to promote indefinite hiring, which, as stated in the documents published by the government in this process of social dialogue, has not been fulfilled in recent years. the purpose which it reads in its statement, namely to promote access to contracts of an indefinite nature for the groups which are currently the most difficult to obtain.

To this end, the groups with whom this contract can be signed are expanded, in the first place, reducing the demand for the period of stay in unemployment to one month and enabling access to it. of workers "caught in temporality", that is, those who in recent years have only signed fixed-term contracts or who have been put out of an indefinite contract.

On the other hand, respecting the amounts established for the various extinction scenarios, the amounts to be paid by the companies in case of extinction of the same are reduced by the temporary assumption by the Fund of Wage guarantee for part of the compensation measure, which will apply exclusively to extinctions for the causes provided for in Articles 51 and 52 of the Staff Regulations, whether individual or collective, excluding redundancies disciplinary nature. The Government's commitment to maintain workers ' rights and to relieve companies of a share of the costs of extinguishing is therefore preserved. This measure does not imply an assumption by the State of a part of the measure, since it is implemented through a public body which is exclusively responsible for business contributions.

The above measure nevertheless wants to have a cyclical character and serve as a transition to an individual capitalization model maintained throughout the working life, for a number of days per year to determine, for whose regulation the Government will approve a Bill of Law. This individual capitalisation fund may be made effective by the worker for dismissal cases, as well as for completing his or her training, in cases of geographical mobility or, ultimately, at the time of his retirement. This model will aim to provide our labour market with greater stability in employment and more healthy labour mobility.

Finally, a new wording is given to the causes of dismissal for economic, technical, organizational or production reasons as laid down in the Workers ' Statute. The experience gained in recent years has shown, in particular in the last two years, some shortcomings in the operation of the routes of extinction provided for in Articles 51 and 52 (c) of the recast of the Law of the Workers ' Statute, approved by the Royal Legislative Decree 1/1995 of 24 March, by moving many extinctions of indefinite contracts actually based on economic or productive motivations towards the disciplinary dismissal inappropriate.

As a result, it has been deemed necessary to redraft these causes of extinction that will provide greater certainty to both workers and employers and to the courts in their task of judicial control. In this sense, not only does the right of workers remain intact to the effective judicial protection in this matter, but the amendment integrates in the Law the interpretation that the courts have made of the causes of the dismissal objective in the development of its task of judicial review of business decisions on this subject. In short, this is aimed at strengthening the causality of the extinction of work contracts, by channelling their completion to the route that comes in the light of the real cause of their termination. Certain provisions are also included in relation to the notice and non-compliance with the formal requirements for the termination of the contract for objective reasons.

Chapter II brings together a number of measures aimed at strengthening the instruments of internal flexibility in the course of industrial relations, encouraging the adaptability of working conditions to the circumstances of production, under the general consideration that such instruments constitute a positive alternative to measures of external flexibility that imply an adjustment in the volume of employment.

Therefore, to set up instruments that will enable companies to improve their competitiveness, safeguarding workers ' rights and making it particularly easier to maintain their jobs, is the objective of the general of this chapter. Among these measures of internal flexibility are those relating to collective transfers, the substantial changes in working conditions, the wage-inimplementation clauses and, very strongly, the suspension of contracts and reduction of working hours for economic, technical, organizational and production causes.

With regard to the amendments made to Articles 40 and 41 of the Workers ' Statute, the procedure for greater agility and efficiency is sought. To this end, the time limit laid down for the periods of consultation is not to be extended, a legal solution is provided for in cases where there are no representatives of the employees in the enterprise with whom the negotiations are held and the use of extra-judicial means of resolving discrepancies established through collective bargaining. These means have demonstrated their value and effectiveness as systems that prevent the judicialization of labor conflicts, allowing the processes of adaptation of working conditions to be carried out with agility for the entrepreneur and with guarantees for workers, reducing labour conflict, in particular in cases where these mechanisms are established in institutions created by agreement between employers ' and trade unions in the field of employment. corresponding.

Moreover, the reforms introduced in Article 82 of the Workers ' Statute are aimed at promoting the effectiveness of the wage inimplementation procedures when the situation and prospects of the company they could be damaged as a result of the wage regime established by affecting the possibilities for maintaining employment. To this end, this procedure is more fully regulated and the use of extra-judicial means of dispute resolution is also appealed here.

It is considered that it is not possible to maintain a legal regulation that leads to situations of blockade not desired by the legal order for these cases of disagreement and that it is essential, therefore, to enable a procedure for to resolve these discrepancies, taking into account the obvious general interest involved in promoting the application of internal flexibility measures of a non-traumatic nature as a mechanism of preferential use for the use of jobs.

" This set of measures does not contradict the will expressed by the Government throughout this process of social dialogue to respect the period that the social partners have given themselves in the Employment and Employment Agreement. Collective Bargaining signed last February to agree on the modifications that they create appropriate in collective bargaining. They seek only, while respecting the legal articulation of collective agreements and maintaining the regulatory effectiveness of collective agreements, to establish the assumptions and conditions in which exceptional inapplication of the provisions of a collective agreement may be necessary. collective agreement as a means of preventing the destruction of jobs. All of this is taking into account the fact that collective bargaining is the best instrument to promote the adaptability of companies to the changing needs of the economic situation and to find a balance between the the flexibility required by the companies and the security demanded by the workers.

In addition to the above, this chapter includes changes in the field of employment and social protection which seek to encourage the employer to take measures to reduce working time (be it through the suspension of the employment contract, be it by reducing the day in the strict sense). It is an instrument that favours the internal flexibility of the employment relationship and allows for a beneficial balance for employers and workers, as it facilitates the adjustment of the company to the changing needs of the market and, to the In the same way, it provides the worker with a high degree of safety, both in the preservation of his job, and in maintaining his level of economic income from the protection afforded by the system of unemployment protection. In this sense, the measure of temporary reduction of working hours under Article 47 of the Workers ' Statute is introduced, the treatment of this figure is relaxed both in the field of work and in the field of social protection and the incentives for workers and employers linked to the use of this measure and consistent, respectively, in the replacement of unemployment benefits and in the bonuses of business contributions.

Chapter III brings together various measures aimed at encouraging the employment of young people and unemployed people. To this end, the policy of bonuses for indefinite hiring is improved, based on the general consensus (which it has reflected in the recent conclusions of the Committee on Labor and Immigration of the Congress of Deputies). on this subject) that its practice has severely limited its efficiency. On the basis of this diagnosis, a more rigorous regulation is carried out and the workers ' groups are defined more selectively for the indefinite recruitment of bonuses: young people up to 30 years with special problems In the case of employment, the Commission has been able to take the necessary steps to ensure that the conditions of employment are not met, and that the Commission is not in a position to do so. In addition, the amounts of these new bonuses are improved when the recruitment is made for women. Finally, a time horizon is established for its implementation, at the end of which a rigorous evaluation of its results will be carried out, which will allow its modification if necessary.

In addition, bonuses for people with disabilities, the initial constitution of self-employed workers, integration companies, victims of gender-based violence and, in particular, the social and economic policies of the Member States, are maintained in their current regulation. which are intended to maintain the status of workers over the age of 59. With regard to the latter, it should be considered whether these bonuses should remain incardinated in employment policies, as is currently the case, or should be part of the Social Security policies.

Secondly, with regard to the specific objective of raising the employment opportunities of young people, substantial improvements are made in the regulation of contracts for training which, at the same time, encourage their (i) use by employers of a total allowance for social security contributions and make them more attractive to young people, through the improvement of the salary and the recognition of the unemployment benefit at the end of the same period. Certain modifications to the contract in practice are also introduced, referring to the titles they enable to carry out these contracts and the time within which it is possible to perform them.

Chapter IV, finally, includes measures aimed at improving the mechanisms of labour intermediation to promote the opportunities for access to employment by unemployed persons. It is considered necessary to initiate an opening to public-private collaboration in this field, while preserving the centrality and strengthening of public employment services of a state and regional nature, so that it does not occur. the replacement of the public initiative by the private initiative in the field of intermediation and placement. Public employment services are always necessary to accompany and promote changes in access and improvement of employment and to manage unemployment benefits. The will to continue to improve and enhance public employment services is maintained. In this context, the regulation of private, for-profit placement agencies will help to complement the activity of public employment services.

In this sense, the activity of the agencies of placement with profit-making is legally regulated in line with the most recent norms and criteria of the International Labour Organization in this field. The centrality of the public employment services in respect of these agencies is ensured by the requirement of an administrative authorization for the development of their activity, by the configuration of the same as collaborating entities of such public services when they enter into collaboration agreements with them and, in any case, for their submission to control and inspection by them.

On the other hand, the Law introduces several amendments to the legislation concerning temporary work companies which are directed to the incorporation into our law of Directive 2008 /104/EC of the European Parliament and of the Council, of 19 November 2008 on work through temporary work enterprises. In addition to certain amendments relating to the principle of equal treatment between temporary workers and workers employed by user undertakings, the adaptation to Community legislation requires a revision of the principle of equal treatment. the restrictions that apply to temporary work enterprises. In order to apply this measure, a period is reserved for collective bargaining, within the sectors today excluded from the activity of temporary work companies for reasons of occupational safety and health, to be able, in a reasoned and justified, to define the jobs or occupations of particular risk which cannot be the subject of making available contracts.

Once this period has been completed and with respect to the exceptions for certain jobs or occupations that may have been agreed, the restrictions currently in force and requirements are repealed-with some exceptions. In order to ensure that temporary work firms are able to make contracts for the provision of workers in these sectors by strengthening the requirements for the prevention of occupational risks and preventive training, the Commission will be able to workers.

CHAPTER I

Measures to reduce the duality and temporality of the labour market

Article 1. Temporary contracts.

One. Article 15 (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) When the worker is hired for the performance of a particular work or service, with autonomy and self-sufficiency within the business of the undertaking and whose execution, although limited in time, is in principle of uncertain duration. These contracts may not be longer than three years, which may be extended for up to 12 months by collective agreement at the State level or, failing that, by a sectoral collective agreement at a lower level. After these deadlines, the workers will acquire the status of fixed employees of the company.

State and lower-level sectoral collective agreements, including company agreements, may identify those jobs or tasks with their own substantive activity within the normal business of the company that they can cover with contracts of this nature. "

Two. 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 worded as follows:

" 5. Without prejudice to paragraphs 1 (a), 2 and 3 of this Article, workers who have been engaged for a period of more than 24 months within a period of 30 months, with or without a continuity solution, for the same period or a different job with the same undertaking or group of undertakings, by means of two or more temporary contracts, either directly or through its making available by temporary employment undertakings, with the same or different contractual arrangements of fixed duration, they shall acquire the condition of fixed workers.

The above paragraph shall also apply where there are assumptions of succession or business subrogation in accordance with the provisions laid down in law or conventionally.

Taking into account the peculiarities of each activity and the characteristics of the job, collective bargaining will establish requirements aimed at preventing the abusive use of fixed-term contracts. different workers to carry out the same job as previously covered with contracts of that nature, with or without a continuity solution, including the contracts for making available to temporary work enterprises.

The provisions of this paragraph shall not apply to the use of training, relief and interinity contracts, temporary contracts concluded in the framework of public employment-training programmes, as well as to the temporary contracts which are used by duly registered insertion undertakings and the subject-matter of such contracts is regarded as an essential part of a personalised insertion route. '

Three. Article 15 (9) 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:

" 9. In the cases referred to in paragraphs 1 (a) and 5, the employer shall provide the worker in writing within 10 days of the time limit laid down in a supporting document on his new status as a fixed worker. the company. In any event, the worker may apply, in writing, to the Public Employment Service for a certificate of fixed-term or temporary contracts concluded for the purposes of being able to prove his status as a fixed worker in the company. The Public Employment Service shall issue such a document and shall bring it to the attention of the undertaking in which the worker provides its services. "

Four. The current Article 15 (9) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of March 24, becomes number 10.

Five. Article 49.1 (c) 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:

" (c) For the expiration of the agreed time or performance of the work or service subject to the contract. At the end of the contract, except in the case of the interment contract and the training contracts, the worker shall be entitled to receive an allowance of an amount equal to the proportion of the amount which would be to pay twelve days ' salary for each year of service, or the one established, where applicable, in the specific rules that are applicable.

fixed-term contracts having a maximum duration of time, including contracts in practice and for training, concluded for a duration of less than the maximum legally established, shall be construed as automatically extended until such time when no complaint or express extension is made and the worker continues to provide services.

Expired maximum or completed duration of the work or service subject to the contract, if there is no complaint and will continue in the provision of work, the contract will be considered to be carried out tacitly for an indefinite period, with the exception of proof to the contrary that it accredits the temporary nature of the benefit.

If the fixed-term employment contract is longer than one year, the portion of the contract making the complaint is required to notify the other of the termination of the contract at a minimum of fifteen days ' notice. "

Six. The additional fifteenth provision 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:

" Additional Disposition 15th. Application of the term limits of the contract for certain work or service and the chain of contracts in public administrations.

1. Article 15 (1) (a) in respect of the maximum duration of the contract for the work or service specified and Article 15 (5) on the limits to the chain of contracts of this Law shall have effects in the field of public administrations and its related or dependent public bodies, without prejudice to the application of the constitutional principles of equality, merit and capacity in access to public employment, and shall therefore not be an obstacle to the obligation to cover of the jobs in question through the ordinary procedures, according to the the rules laid down in the applicable rules.

In compliance with this forecast, the worker will continue to perform the position that he has been occupying until his coverage is obtained through the procedures indicated above, at which time the extinction of the employment relationship, unless the worker has access to public employment, exceeding the relevant selective process.

2. By way of derogation from the preceding paragraph, the provisions of Article 15.1.a) relating to the maximum duration of the contract for certain works or services shall not apply to contracts concluded by the general government and its public bodies linked or dependent, or to the particular forms of employment contract referred to in the Organic Law 6/2001 of 21 December 2001, of Universities or any other rules with a range of law where they are linked to a specific research or investment project of more than three years ' duration.

3. For the application of the limit to the chaining of contracts provided for in Article 15 (5), only contracts concluded in the field of each of the public administrations without forming part of them shall be taken into account for the purposes of the public bodies, agencies and other entities governed by public law with their own legal personality linked to or dependent on them. In any event, the provisions of Article 15 (5) shall not apply in respect of the particular forms of employment contract referred to in the Organic Law 6/2001 of 21 December 2001, of Universities or any other standard of law. "

Seven. A transitional provision is added to the text recast of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, with the following wording:

" Transient disposition thirteenth. Compensation for temporary contract termination.

The compensation provided for the termination of the temporary contract as set out in Article 49.1 (c) of this Law shall be applied in a gradual manner according to the following timetable:

Eight days of salary for each year of service for temporary contracts to be held until December 31, 2011.

Nine days of salary for each year of service for temporary contracts to be held from January 1, 2012.

Ten days of salary for each year of service for temporary contracts to be held from January 1, 2013.

Eleven days of salary for each year of service for temporary contracts to be held from January 1, 2014.

Twelve days of salary for each year of service for temporary contracts to be held from January 1, 2015. "

Eight. A new paragraph 4a is added to Article 6 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:

" 4 bis. The lack of delivery to the worker by the employer of the supporting document referred to in Article 15.9 of the Workers ' Statute. "

Article 2. Extinction of the work contract.

One. Article 51 (1) of the Royal Decree of Law 1/1995 of 24 March, approving the recast of the Law on the Staff Regulations, is worded as follows:

" 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 occupying three hundred or more 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 the level of income, which may affect their viability or their ability to maintain the volume of employment. For these purposes, the company will have to prove the alleged results and to justify that it follows the reasonableness of the late decision in order to preserve or favour its competitive position on the market.

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 staff 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. For these purposes, the company must prove the concurrence of any of the causes identified and justify that it follows the reasonableness of the extinguishing decision in order to contribute to the prevention of a negative evolution of the company or to improve the situation of the same through a more adequate organisation of the resources, which favours its competitive position in the market or a better response to the demands of the demand.

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 paragraph of this Article, 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 considered as law-fraud, and shall be declared null and void. '

Two. Article 51 (2) of the recast text of the Law on Workers ' Statute, adopted by Royal Decree-Law 1/1995 of 24 March, is worded as follows:

" 2. The employer who intends to make a collective dismissal must apply for authorisation for the termination of employment contracts in accordance with the employment regulation procedure laid down in this Law and in its implementing rules. regulatory. The procedure shall be initiated by the application to the competent labour authority and the simultaneous opening of a period of consultation with the legal representatives of the workers.

The communication to the labour authority and the legal representatives of the workers must be accompanied by all the necessary documentation to prove the reasons behind the dossier and the justification of the measures adopt, in the terms that are regulated, to be determined.

The communication of the opening of the consultation period will be made by written by the employer to the legal representatives of the workers, a copy of which will be made, together with the request, to the employment authority.

In the cases of absence of legal representation of workers in the company, they may attribute their representation for the period of consultation and the conclusion of an agreement to a designated commission under the terms of the provided for in Article 41.4. "

Three. Article 51 (4) 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:

" 4. The consultation with the legal representatives of the employees, who shall have the status of an interested party in the processing of the employment regulation file, shall be of no more than 30 calendar days, or 15 days in the case of undertakings of less than 50 employees, and must deal with the reasons behind the file and the possibility of avoiding or reducing its effects, as well as on the measures necessary to mitigate its consequences for workers In the case of the Commission, the Commission has taken the necessary steps to ensure that approved repositioning or vocational training or retraining actions for the improvement of employability, and to enable the business project to continue and be viable.

In any case, in the companies of fifty or more workers, the documentation initiating the file must be accompanied by a social accompanying plan that includes the measures outlined above.

During the consultation period, the parties must 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 committee or committees of undertakings, of the staff delegates where appropriate, or of trade union representatives, if any, as a whole, represent the majority of those.

At the end of the consultation period, the employer shall inform the employment authority of the outcome of the consultation, as well as the final content of the measures or plan outlined above.

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. '

Four. Article 51 (5) of the recast text of the Law of the Workers ' Statute, adopted by Royal Legislative Decree 1/1995 of 24 March, is amended as follows:

" 5. Where the period of consultation is concluded by agreement between the parties, the labour authority shall issue a decision within seven calendar days authorising the termination of the employment relations and transferring the same to the inspection. In the case of unemployment benefit, the Commission is entitled to provide the Commission with the following information: If no express delivery has been made after that period, the extinguishing measure shall be deemed to be authorised in the terms referred to in the agreement.

By way of derogation from the preceding paragraph, if the labour authority appreciates, on its own initiative or at the request of a party, the existence of fraud, intent, coercion or abuse of law at the conclusion of the agreement, it shall forward it, with suspension of the time limit for the adoption of a decision, to the judicial authority, for the purposes of its possible declaration of invalidity. Similarly, it will act when, on its own initiative or at the request of the managing body of the unemployment benefit, it considers that the agreement may have as its object the improper obtaining of the benefits by the workers concerned. lack of the motivating cause of the legal situation of unemployment. "

Five. Article 51 (6) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Decree Legislative 1/1995 of 24 March, is amended as follows:

" 6. Where the period of consultations is terminated without agreement, the labour authority shall give judgment, in whole or in part, by estimating or dismissing the business application. The decision shall be taken within 15 calendar days of the communication to the working authority of the conclusion of the consultation period; if no express statement has been made after that period, the following shall be understood as: extinguishing measure in the terms of the request.

The resolution of the labor authority will be motivated and consistent with the business application. The authorization shall proceed when the evidence in the file has shown that the cause alleged by the employer and the reasonableness of the measure in the terms referred to in paragraph 1 of this Article are met. "

Six. Article 52 (c) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of March 24, is worded in these terms:

" (c) Where any of the causes provided for in Article 51.1 of this Law are present and the extinction affects a number lower than the number established therein.

Workers ' representatives will have priority of staying in the company in the case referred to in this paragraph. "

Seven. Article 53 (1) (c) of the recast text of the Law on Workers ' Statute, adopted by Royal Decree-Law 1/1995 of 24 March, is worded as follows:

" c) Concession of a period of notice of 15 days, computed from the delivery of the personal communication to the worker until the termination of the contract of employment. In the case referred to in Article 52.c), a copy of the notice shall be given to the legal representation of the workers for their knowledge. "

Eight. 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:

" 4. Where the extinguishing decision of the employer is mobile some of the causes of discrimination prohibited in the Constitution or in the Law or has been produced with violation of fundamental rights and public freedoms of the worker, the An extinguishing decision shall be void, with the judicial authority having to make such a declaration of its own motion.

The extinct decision will also be null in the following assumptions:

(a) Workers during the period of suspension of the contract of maternity work, risk during pregnancy, risk during natural lactation, diseases caused by pregnancy, childbirth or natural lactation, adoption or acceptance or paternity referred to in point (d) of Article 45 (1), or the notification at a date such that the period of notice granted is completed within that period.

(b) That of pregnant workers, from the date of commencement of pregnancy to the beginning of the period of suspension referred to in point (a), and that of workers who have applied for one of the permits to which they are referred to in Article 37 (4), (4a) and (5), or are enjoying, or have applied for, or are enjoying the excess provided for in Article 46 (3); and that of female victims of gender-based violence for the exercise of the rights of reduction or rearrangement of their working time, of geographical mobility, of change of centre of work or suspension of the employment relationship in the terms and conditions recognized in this Law.

(c) Workers ' after having rejoined the work at the end of the periods of suspension of the maternity, adoption or reception or paternity contract, provided that no more than nine months have elapsed from the date of birth, adoption or welcome of the child.

The provisions set out in the preceding letters shall apply, except where, in such cases, the origin of the late decision is declared for reasons unrelated to pregnancy or for the exercise of the right to permits and Leave of absence.

The extinguishing decision shall be deemed inadmissible where the concurrency of the cause on which the late decision was founded is not credited or where the requirements laid down in paragraph 1 of this Decision have not been fulfilled. Article.

However, the non-award of the notice or the excusable error in the calculation of the compensation shall not determine the origin of the dismissal, without prejudice to the employer's obligation to pay the wages corresponding to the that period or the payment of the allowance in the correct amount, irrespective of the other effects which may be obtained. '

Nine. Article 122 (2) of the Recast Text of the Law on Labour Procedure, adopted by Royal Decree-Law 2/1995 of 7 April, is worded as follows:

" 2. The extinct decision will be null when:

a) Result discriminatory or contrary to the fundamental rights and public freedoms of the worker.

b) Law fraud has been carried out by circumventing the rules laid down by collective redundancies, in the cases referred to in the last paragraph of Article 51.1 of the recast of the Law on the Law of Workers ' Statute.

(c) Workers during the period of suspension of the contract of maternity work, risk during pregnancy, risk during natural lactation, diseases caused by pregnancy, childbirth or natural lactation, adoption or acceptance or paternity referred to in Article 45 (1) (d) of the recast of the Act of the Staff Regulations, or the notification on such date as the period of notice granted is completed within that period. period.

(d) That of pregnant workers, from the date of commencement of pregnancy to the beginning of the period of suspension referred to in point (c), and that of workers who have applied for one of the permits to which they are refer to Article 37 (4), (4) (a) and (5) of the Staff Regulations, or are enjoying them, or have applied for or are enjoying the excess provided for in Article 46 (3) of the Staff Regulations; and women victims of gender-based violence for the exercise of their rights to reduce or reorder their working time, geographical mobility, change of work centre or suspension of the employment relationship, in the terms and conditions recognised in the Staff Regulations.

(e) Workers ' after having rejoined the work at the end of the periods of suspension of the maternity, adoption or reception or paternity contract, provided that no more than nine months have elapsed from the date of birth, adoption or welcome of the child.

The provisions of points (c), (d) and (e) shall apply, unless, in such cases, the origin of the late decision is declared for reasons unrelated to the pregnancy or to the exercise of the right to permits and Excess of the above. '

Ten. Article 122 (3) of the Recast Text of the Law on Labour Procedure, adopted by Royal Decree-Law 2/1995 of 7 April, is worded as follows:

" 3. The extinguishing decision shall be qualified as inadmissible where the requirements laid down in Article 53.1 of the recast text of the Workers ' Statute Act have not been met.

However, the non-award of the notice or the excusable error in the calculation of the compensation shall not determine the origin of the dismissal, without prejudice to the employer's obligation to pay the wages corresponding to the that period or the payment of the allowance in the correct amount, irrespective of the other effects which may be obtained. '

Article 3. Contract for the promotion of indefinite procurement.

The additional provision of Law 12/2001, of 9 July, of urgent measures to reform the labour market for the increase of employment and the improvement of its quality, is amended as follows:

" Additional disposition first. Contract for the promotion of indefinite procurement.

1. In order to facilitate the stable placement of unemployed workers and employees subject to temporary contracts, the employment contract may be concluded for the promotion of the indefinite recruitment provided for in this provision. conditions provided for in the same.

2. The contract may be concluded with workers included in one of the following groups:

(a) Unemployed workers registered in the employment office where one of the following conditions is present:

Young from sixteen to thirty years of age, both inclusive.

Women unemployed when employed to provide services in occupations or occupations with a lower female employment rate; women in the two years immediately after the date of delivery or adoption or accommodation of minors; unemployed women returning to the labour market after a five-year period of work inactivity; women who are unemployed victims of gender-based violence and trafficking in human beings.

Older than forty-five years of age.

People with disabilities.

Unemployed who carry, at least, one month uninterruptedly registered as jobseekers.

Unemployed who, during the two years prior to the conclusion of the contract, would have been engaged exclusively through contracts of a temporary nature, including training contracts.

Unemployed to whom, during the two years prior to the conclusion of the contract, an indefinite contract would have been extinguished in a different company.

(b) Employees who are employed in the same undertaking by a fixed-term or temporary contract, including training contracts, concluded before 18 June 2010, to whom they are transform the contract into a contract for the promotion of indefinite procurement prior to 31 December 2010.

(c) Employees who are employed in the same undertaking by means of a fixed-term or temporary contract, including training contracts, concluded as from 18 June 2010. These contracts may be converted into a contract for the promotion of indefinite contracts before 31 December 2011, provided that the duration of the contracts has not exceeded six months. This maximum duration shall not apply to training contracts.

Changes in contracts for the promotion of the indefinite hiring of fixed-term contracts or temporary contracts in the cases referred to in points (b) and (c) shall be deemed to be valid once they have elapsed. the period of 20 working days laid down in Article 59.3 of the Staff Regulations, as from the date of the transformation.

3. The contract shall be concluded for an indefinite period and shall be formalised in writing, in the model to be established.

The legal status of the contract and the rights and obligations arising from it will, in general, be governed by the provisions of the Law and the collective agreements for contracts for an indefinite period of time, with the sole the exception of the provisions set out in the following paragraphs.

4. Where the contract is terminated for objective reasons and the termination of the contract is declared judicially inappropriate or recognised as such by the employer, the amount of the compensation referred to in Article 53.5 of the Staff Regulations, in their remission for the purposes of disciplinary dismissal provided for in Article 56 of the same legal text shall be thirty-three days ' salary per year of service, with periods of time less than one year and up to a maximum of months being extended for months; Twenty-four monthly payments.

When the worker claims that the use of the target dismissal procedure is not in accordance with the law because the actual cause of the dismissal is disciplinary, the burden of proof on this issue will correspond to the same.

If the provisions of Article 56.2 of the Workers ' Statute are applied, the employer must deposit the difference between the compensation already received by the worker according to the article in the Social Court. 53.1.b) of the same Law and the one mentioned in this section.

5. The contract for the promotion of the indefinite procurement referred to in this provision may not be concluded by the undertaking which, within six months prior to the conclusion of the contract, had completed the termination of indefinite contracts. (a) ordinary reasons declared or recognised as impropriety or have resulted in a collective dismissal. In both cases, the limitation will only affect the coverage of the same post of work affected by the extinction or dismissal and for the same center or job centers.

This limitation will not apply when the contract extinctions have occurred before 18 June 2010 or when, in the event of collective redundancy, the performance of the contracts to which they are referred This provision has been agreed with the representatives of the employees in the period of consultation provided for in Article 51.4 of the Staff Regulations.

6. The government, after consultation with the most representative trade union and business organisations, will evaluate the effectiveness of this provision and its effects on the evolution of indefinite procurement. This assessment shall be carried out before 31 December 2012. '

CHAPTER II

Measures to promote internal flexibility negotiated in companies and to encourage the use of the reduction of working time as an instrument for temporary adjustment of employment

Article 4. Geographical mobility.

Article 40 (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. 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 occupying three hundred or more workers.

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.

Notwithstanding the above paragraph, the employment authority, in the light of the positions of the parties and provided that the economic or social consequences of the measure so warrant, may order the extension of the the time limit for transposition referred to in paragraph 1 of this Article and the consequent cessation of the effectiveness of the shipment for a period of time, which may in no case be longer than six months.

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 fourth 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. '

Article 5. Substantial changes to working conditions.

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, where there are proven economic, technical, organisational or production reasons, may agree to substantial changes in working conditions. They shall be considered to have substantial changes in working conditions, including those affecting the following subjects:

a) Workday.

b) Time and distribution of working time.

c) Shift work regime.

d) The remuneration 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.

It is understood that the causes referred to in this article are met when the adoption of the proposed measures contributes to the prevention of a negative evolution of the company or to improve the situation and prospects of the company through a more adequate organisation of its resources, which favours its competitive position in the market or a better response to the demands of demand.

2. The modification of the working conditions enjoyed by workers on an individual basis is considered as an individual.

It is considered as a collective nature to modify those conditions recognized to workers by virtue of collective agreement or agreement or enjoyed by them under a unilateral decision of the employer of effects collectives.

By way of derogation from the foregoing paragraph, the functional and working time modifications which are necessary for the purposes of paragraph 4 of this Article shall not in any case be considered to be of a collective nature. affect, within a period of 90 days, a number of workers less than:

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 three hundred or more workers.

3. The decision of a substantial change of working conditions of an individual character must be notified by the employer to the worker concerned and his legal representatives at least 30 days before the date of his/her effectiveness.

In the cases provided for in paragraphs (a), (b) and (c) of paragraph 1 of this Article, and without prejudice to Article 50 (1) (a), if the worker is harmed by the substantial modification, he shall be entitled to to terminate his contract and to receive compensation of twenty days ' salary per year of service pro rata for months for periods of less than one year and for 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 to the competent 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 referred to in the last subparagraph of paragraph 2, without any new causes justifying such action, such new amendments shall be deemed to have been made in law fraud and shall be declared null and void.

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.

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. Where the collective change relates to working conditions recognised to workers under agreement or collective agreement or enjoyed by them under a unilateral decision of the employer of collective effects, once after the end of the period of consultations without agreement, the employer shall notify the employees of his decision on the amendment, which shall take effect after the period referred to in paragraph 3 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 3 of this Article. The interposition of the conflict will paralyse the processing of individual actions initiated until their resolution.

6. Where the amendment relates to working conditions laid down in the collective agreements covered by Title III of this Law, whether they are sector or business, it may be carried out at any time by agreement, in accordance with the provisions of this Law. laid down in paragraph 4. In the case of collective agreements in the sector, the agreement shall be notified to the Joint Committee.

By means of inter-professional agreements at the State or regional level, as provided for in Article 83 of this Law, procedures for general and direct application of these agreements must be established effectively. discrepancies in the negotiation of the agreements referred to in this paragraph, including the prior undertaking to submit the discrepancies to an arbitration, in which case the arbitral award shall have the same effectiveness as the agreements in the period of consultations and only be used in accordance with the procedure and on the basis of the reasons set out in the Article 91.

The modification of the conditions laid down in the collective agreements of the sector may only refer to the matters referred to in points (b), (c), (d), (e) and (f) of paragraph 1, and shall have a maximum period of validity which does not may exceed the duration of the collective agreement whose modification is intended.

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

Article 6. Content of collective agreements.

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

" 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, by agreement between the company and the representatives of the workers entitled to negotiate a collective agreement in accordance with the provisions of Article 87 (1), it may be carried out, prior to the development of a period of consultations under Article 4 (4), to apply the wage scheme provided for in the collective agreements of a higher level than the undertaking, where the economic situation and prospects of the undertaking may be damaged as a result of the such application, affecting the possibilities of maintaining employment in the same.

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 before the competent jurisdiction for the existence of fraud, duress or abuse of law in its conclusion. The agreement must be notified to the Joint Commission of the collective agreement.

The implementation agreement must determine with accuracy the remuneration to be paid by the employees of the company, establishing, where appropriate and in consideration of the disappearance of the causes that determined it, a schedule of the progressive convergence towards the recovery of the wage conditions laid down in the collective agreement of a higher level than the undertaking which is applicable to it, without in any event such a failure to exceed the period of the duration of the agreement and not more than three years. The non-implementation agreement and the scheduling of the recovery of the salary conditions may not result in the failure to comply with the obligations laid down in the Convention on the elimination of remuneration for the purposes of gender.

By means of inter-branch agreements at the State or regional level, as provided for in Article 83 of this Law, procedures for general and direct application must be established in order to effectively address them. discrepancies in the negotiation of the agreements referred to in this paragraph, including the prior undertaking to submit the discrepancies to a binding arbitration, in which case the arbitral award shall have the same effectiveness as the agreements in the (a) consultations and shall only be used in accordance with the procedure and on the basis of the reasons set out in Article 91. '

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

" (c) Procedures for effectively addressing discrepancies that may arise in the negotiation for the substantial modification of working conditions established in collective agreements in accordance with the provisions of the (a) in Article 41.6 and for the non-application of the salary scheme referred to in Article 82.3, by adapting, where appropriate, the procedures to be established in this respect in the case of inter-branch agreements at State or regional level; in accordance with the provisions of such Articles. "

Article 7. Suspension of contract and reduction of working hours for economic, technical, organizational or production reasons.

Article 47 of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of March 24, is amended 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 employment contract may be suspended at the initiative of the employer for economic, technical, organisational or production reasons, in accordance with the procedure laid down in Article 51 of this Law and in its implementing rules, with the Following specialties:

(a) The procedure shall apply whatever the number of workers in the undertaking and the number of persons affected by the suspension.

(b) The period referred to in Article 51.4, relating to the duration of the consultation period, shall be reduced by half and the documentation shall be strictly necessary in terms of the terms which are determined.

(c) The authorisation of this measure shall be granted where the documentation in the file reasonably comes from the fact that such a temporary measure is necessary for the improvement of a situation of a temporary nature of the business activity.

d) The authorization of the measure will not generate any right to compensation.

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 51.12 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 8. Protection by unemployment and reduction of working hours.

The Recast Text of the General Law of Social Security, approved by Royal Legislative Decree 1/1994 of 20 June, is amended as follows:

One. Article 203 (2) is amended 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, under contract suspension or reduction of working time authorised by the competent authority. '

Two. Article 203 (3) is worded as follows:

" 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 temporary reduction of the ordinary daily working day shall be deemed to be authorized for a period of employment adjustment, without the reduction of final days or extended periods of time being understood for the entire duration of the contract of employment. "

Three. Article 208 (1.3) is amended as follows:

"3) When the ordinary daily working day is temporarily reduced, by virtue of the employment regulation file in the terms of Article 203.3."

Four. A new paragraph 5 is added to Article 210, with the following wording:

" 5. In the case of partial unemployment, the amount of benefits generated will be produced for hours and not for days. To this end, the percentage consumed shall be equivalent to the permitted reduction of working hours. '

Article 9. Measures to support the reduction of working hours.

Law 27/2009 of 30 December on urgent measures for the maintenance and promotion of employment and the protection of unemployed persons is hereby amended as follows:

One. A new paragraph 2a is added to Article 1 of the following wording:

" 2 bis. By way of derogation from the above paragraphs, the right to the 50% reduction of the business quotas to the Social Security for common contingencies, as referred to in paragraph 1 above, shall be extended to 80%. In the case of the labour market, the Commission has been in a position to take the necessary steps to reduce the effects of the temporary employment regulation among the workers concerned, such as training measures. the period of suspension of contracts or reduction of working time the objective of which is to increase (a) a worker's employment or an increase in employability, measures of internal flexibility within the undertaking which favour the reconciliation of family and professional life or any other alternative or complementary measure aimed at promoting the maintenance of employment in the enterprise.

All with the limits and conditions set out in the preceding paragraphs, but the commitment to maintain the employment of the workers referred to in paragraph 2 shall be six months in the case of agreements concluded after the entry into force of the Law on Urgent Measures for Labour Market Reform. "

Two. Article 1 (5) is amended as follows:

" 5. The provisions of this Article shall apply to applications for the regulation of employment submitted from 1 October 2008 until 31 December 2011, except as provided for in the last subparagraph of paragraph 2 of this Article, which shall be application to applications for the regulation of employment submitted from 1 January 2010 until 31 December 2011. '

Three. Article 3 (1) is worded as follows:

" 1. Where an undertaking is authorised, pursuant to one or more of the dossiers for the regulation of employment or procedures, to suspend work contracts, whether on an ongoing basis or not, or to reduce the number of days or hours of work, and the contract is subsequently authorised either by administrative decision in the case of an employment regulation or by a judicial decision in proceedings for the termination of the contract, or the contract is terminated under Article 52.c of the Staff Regulations. Workers, Recast Text approved by Royal Legislative Decree 1/1995, March 24, workers (a) shall be entitled to the replacement of the duration of the contributory-level unemployment benefit for the same number of days as the total or partial unemployment has been received by virtue of those authorisations with a maximum limit of 180 days, provided the following conditions are met:

(a) That the administrative or judicial decisions authorising the suspensions or reductions of the day have occurred between 1 October 2008 and 31 December 2011, both inclusive;

(b) That the dismissal or administrative or judicial decision authorizing the extinction occurs between 18 June 2010 and 31 December 2012. "

CHAPTER III

Measures to promote the employment of young people and unemployed people

Article 10. Quota bonuses for indefinite hiring.

1. Companies that recruit, until 31 December 2011, indefinitely to unemployed workers between 16 and 30 years of age, both inclusive, with special employability problems, registered in the Employment Office, will be entitled to a bonus in the business share to the Social Security, of 66.67 euros/month (800 euros/year), for three years or, if any, for its daily equivalent.

For these purposes, special employability problems shall be considered to be of special concern to unemployed young people who have been registered at the Employment Office for at least 12 months in the 18 months preceding the employment and they have not completed compulsory schooling or have no professional qualifications.

When these contracts are made with women, the indicated bonuses will be 83.33 euros/month (1,000 euros/year) or their daily equivalent.

2. Companies that contract, until 31 December 2011, indefinitely for unemployed workers over the age of 45, who have been registered in the Employment Office for at least 12 months in the 18 months preceding the recruitment, they shall be entitled to a bonus in the business share of the Social Security of 100 euro/month (EUR 1,200/year) for three years or, where applicable, for their daily equivalent.

If these contracts are made with women, the bonuses indicated will be 116.67 euros/month (1,400 euros/year) or their daily equivalent.

3. Companies which, until 31 December 2011, transform into indefinite training, replacement and replacement contracts in anticipation of the retirement age, whatever the date of their conclusion, will be entitled to a bonus in the business share to the Social Security of 41.67 euros/month (500 euros/year), for three years or, if applicable, for its daily equivalent.

In the case of women, these bonuses will be 58.33 euros/month (700 euros/year), or, if any, for their daily equivalent.

4. Undertakings, including self-employed workers, and industrial companies or cooperatives to which workers are incorporated as working or working partners, may be beneficiaries of the bonuses provided for in this Article, provided that they do not the latter have opted for a social security scheme of their own for employed persons.

Companies, including self-employed workers, and worker and cooperative societies referred to in the preceding paragraph in the case of conversion of contracts may also be beneficiaries of such bonuses. training, relief and replacement in anticipation of the retirement age in indefinite contracts or social links, in the cases covered by this article.

5. It will be essential to ensure that the bonuses provided for in this Article can be applied, except those for new contracts, except those for relief contracts, which result in an increase in the level of fixed employment of the company.

To calculate this increase, the daily average of workers with indefinite contracts in the 90-day period prior to the new hiring or transformation, calculated as the ratio, will be taken as a reference. which is to be divided between ninety the sum of the indefinite contracts which were in the company's high level in each of the 90 days immediately preceding the new contract or conversion. Indefinite contracts which have been extinguished in such a period shall be excluded from the calculation of disciplinary dismissal, declared as coming, resignation, death, retirement or permanent total incapacity, absolute or great invalidity of the worker, or during the test period.

6. Companies benefiting from these bonuses will be required to maintain, for the duration of the bonus, the level of fixed employment achieved with indefinite recruitment or subsidised processing.

This obligation shall not be deemed to be breached if there are extinctions of indefinite contracts in that period for disciplinary dismissal declared as coming, resignation, death, retirement or total permanent incapacity, absolute or great invalidity of the worker, or during the probationary period.

In the event of the extinction of indefinite contracts due to other causes and where this means a reduction in fixed employment, companies will be obliged to fill these vacancies within two months of their they produce by hiring new workers with an indefinite contract or the conversion of temporary or training contracts into indefinite contracts, with the same working day, at least, with the worker whose indefinite contract is had been extinguished. If the contract extinguished corresponds to one of the bonuses in accordance with this article, when the cover of that vacancy is made with a worker belonging to one of the bonus collectives provided for in it, this new the contract shall entitle the application of the allowance for the collective concerned for the duration of the contract from the termination of the contract to the fulfilment of the three-year bonus of the contract.

Failure by undertakings to comply with the obligations laid down in this paragraph will result in the reimbursement of the bonuses applied on the subsidised contracts concluded under this Article, which are affected by the the decrease in the level of the fixed template that was achieved with those hires.

7. As not provided for in this provision, it shall apply as set out in Section 1 of Chapter I and in the third provision of Law 43/2006 of 29 December 2006, with the exception of the provisions of exclusions in Article 6.2 thereof.

8. Workers employed under this Article will be a priority in the training plans for persons employed in vocational training programmes for employment, as well as for any other active policy measures in the field of vocational training. employment, in order to increase their professional qualifications.

Article 11. Quota allowances in contracts for training.

1. Companies which, as from the entry into force of this Law and until 31 December 2011, enter into contracts for training with unemployed workers and registered in the employment office will be entitled to, for the duration of the In the case of accidents at work and occupational diseases, unemployment, the Fund for Social Security, the contract of employment, including carry-overs, a 100% bonus for social security contributions for common contingencies, as well as for occupational accidents and occupational diseases, wage guarantee and vocational training, corresponding to such contracts.

In addition, in contracts for training concluded or extended in accordance with the provisions of the preceding paragraph, 100 percent of the contributions of workers to the Social Security will be paid for the entire duration of the contracts, including their carryovers.

The bonuses in this article will also apply to contracts for training concluded prior to the entry into force of this Law that are extended between that date and December 31, 2011, during the validity of such extensions.

2. In order to be entitled to the incentives provided for in the first two subparagraphs of the previous paragraph, the training contract must result in an increase in the company's workforce. For the purposes of calculating this increase, the second paragraph of Article 10.5 of this Law shall apply.

3. As not provided for in this provision, it shall apply as set out in Section 1 of Chapter I and in the third provision of Law 43/2006 of 29 December 2006, with the exception of the provisions of exclusions in Article 6.2 thereof.

4. Workers employed under this Article will be a priority in the training plans for persons employed in vocational training programmes for employment, as well as for any other active policy measures in the field of vocational training. employment, in order to increase their professional qualifications.

Article 12. Training contracts.

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

" 1. The contract of work in practice may be concluded with those who are in possession of a university degree or professional training of a medium or higher degree or officially recognised as equivalent, in accordance with the laws of the (a) the rules governing the education system in force, or a certificate of professionalism in accordance with the provisions of the Organic Law of 19 June of 19 June on Qualifications and Vocational Training, which they provide for professional practice, of the five years, or seven years when the contract is designed with a worker with disabilities, following the completion of the corresponding studies, according to the following rules:

(a) The job must enable the appropriate professional practice to be obtained at the level of studies or training courses. By collective agreement of a State-level sector or, failing that, in the sectoral collective agreements at lower level, the jobs, groups, levels or professional categories covered by this contract may be determined.

(b) The duration of the contract may not be less than six months and not exceed two years, within the limits of the collective agreements of the State Sectoral Sector or, failing that, the sectoral collective agreements (a) lower may determine the duration of the contract, taking into account the characteristics of the sector and the practices to be performed.

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) No worker may be engaged in practices in the same or different undertaking for more than two years by virtue of the same degree or certificate of professionalism.

You may also not be engaged in practices in the same company for the same job for more than two years, even if it is a different degree or a different certificate of professionalism.

For the purposes of this Article, degree, master and, where appropriate, doctorate degrees, corresponding to university studies shall not be considered to be the same degree, except that when first hired by a In practice, the worker is already in possession of the higher degree in question.

An internship contract cannot be concluded on the basis of a certificate of professionalism obtained as a result of a contract for the training previously held with the same company.

(d) Except as provided for in collective agreement, the probationary period may not exceed one month for contracts in practice concluded with workers who are in possession of a medium degree or certificate of qualification. Level 1 or 2 professionalism, not two months for contracts in practices concluded with workers who are in possession of a higher grade degree or a level 3 certificate of professionalism.

e) The remuneration of the worker shall be that fixed in collective agreement for the trainee, without, failing that, it may be less than 60 or 75 per 100 during the first or second year of the term of the contract, respectively, of the salary fixed in agreement for a worker who performs the same or equivalent job.

(f) If at the end of the contract the worker continues in the company, a new trial period cannot be arranged, with the duration of the practice being computed for seniority in the company. "

Two. Article 11 (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. The purpose of the training contract shall be to acquire the theoretical and practical training necessary for the proper performance of a job or a job which requires a certain level of qualification, and shall be governed by following rules:

(a) It may be concluded with workers aged 16 and over and under the age of 21 who lack the qualifications or certificate of professionalism required to carry out a traineeship.

When the contract is designed with unemployed people who are employed as workers to the public employment-training programmes, such as those of workshop schools, trades houses, employment workshops or other approve, the maximum age limit shall be that laid down in the provisions governing the content of those programmes. In the case of unemployed persons who are undergoing a training course of medium-grade vocational training, the upper age limit will be twenty-four years.

The age limit will not apply when the contract is reached with people with disabilities.

(b) By collective agreement of a State-wide sector or, failing that, in the sectoral collective agreements at lower level, the maximum number of contracts may be established, depending on the size of the workforce; perform, as well as the jobs that are the subject of this contract.

In addition, collective business agreements can set the maximum number of contracts to be performed based on the size of the template, in the event that a business plan exists.

If the collective agreements referred to in the preceding paragraphs do not determine the maximum number of contracts that each company may perform on the basis of its template, that number shall be determined as regulated.

(c) The minimum duration of the contract shall be six months and the maximum duration of two years. Other durations may be established by collective agreement at the sectoral level of the State or, failing that, by sectoral collective agreements at a lower level, taking into account the characteristics of the trade or job to be carried out and the training requirements of the contract, without, in any event, the minimum duration may be less than six months or the maximum of three years, or four years when the contract is designed with a person with a disability, taking into account the type or degree of disability and the characteristics of the learning process to be performed.

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.

(d) The maximum duration of the contract for the training is expirated, the worker may not be hired under this modality by the same or different company.

No contracts may be concluded for training with the aim of qualification for a job which has previously been carried out by the worker in the same undertaking for a period of more than 12 months.

e) Time spent on theoretical training, which will always be provided outside the workplace, will depend on the characteristics of the job or job to be performed and the number of hours set for training. appropriate to that post or office, without, in any event, being less than 15 per 100 of the maximum day provided for in the collective agreement or, failing that, of the maximum legal day.

Respecting the above limit, collective agreements may establish the time spent on theoretical training and its distribution, establishing, where appropriate, the system of alternation or concentration of the same in respect of time of effective work.

When the contract worker has not completed the compulsory secondary education, the training will have as a priority the obtaining of the degree of graduate in compulsory secondary education. To this end, educational administrations must ensure an offer adapted to this objective.

also, in the framework of public employment-training programmes aimed at professionalising young people with school failure and inserting them into the labour market developed by the Autonomous Communities, a part of the In the case of training, the training period may be taught by the general government prior to the contract, taking into account the training time for the training and working hours when the contract is concluded. this.

The theoretical training requirement shall be understood when the worker accredits, by means of certification by the competent public administration, that he has completed a course of vocational training for the appropriate employment job or job object of the contract. The course completed must have at least a number of hours equivalent to the hours of theoretical training which the worker should at least receive in proportion to the duration of his contract.

In the cases referred to in the preceding paragraphs, the remuneration of the worker shall be increased in proportion to the time not devoted to theoretical training.

Where the contract worker is a person with a mental disability, the theoretical training may be replaced, in whole or in part, with a report from the multi-professional assessment teams. for the performance of rehabilitation or personal and social adjustment procedures in a psychosocial or sociolaboral rehabilitation centre.

Both the financing and the organization and delivery of the theoretical training will be regulated in the terms that will be regulated.

f) The effective work of the worker in the enterprise must be related to the tasks of the occupational level, trade or job object of the contract.

g) The qualification or professional competence acquired through the training contract will be subject to accreditation in accordance with the terms laid down in the Organic Law of 19 June 2002 on Qualifications and Training Professional 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. Without prejudice to the foregoing, the employer shall, at the end of the contract, provide the worker with a certificate stating the duration of the theoretical training and the level of practical training acquired.

(h) The remuneration of the contract worker for training shall during the first year of the contract be fixed in collective agreement, without being less than the minimum inter-professional salary in proportion to the working time cash. During the second year of the contract for training, the remuneration shall be fixed in collective agreement, without in any case being less than the minimum inter-professional salary, regardless of the time spent on theoretical training.

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

(j) In the event that the worker continues in the enterprise at the end of the contract, it shall be within the meaning of paragraph 1 (f) of this Article.

(k) The contract for training shall be presumed to be of a common or ordinary nature where the employer completely fails to comply with his or her obligations in respect of theoretical training. "

Three. Article 11 (3) of the recast text of the Law on Workers ' Statute, adopted by Royal Legislative Decree 1/1995 of 24 March, is amended as follows:

" 3. In collective bargaining, criteria and procedures will be laid down to achieve a balanced presence of men and women linked to the enterprise through training contracts. Commitments for the conversion of training contracts into contracts for an indefinite period may also be established. "

Four. The sixth additional provision of the recast text of the General Law on Social Security, adopted by Royal Legislative Decree 1/1994 of 20 June, is amended as follows:

"The protective action of the Social Security of the contract worker shall cover all contingencies, protective situations and benefits of that, including unemployment."

Five. A new, additional 49th provision is introduced in the recast text of the General Law on Social Security, adopted by Royal Decree-Law 1/1994 of 20 June, with the following wording:

" Additional 41st Disposition. Unemployment contribution in the contract for the training and the amount of the benefit.

The contribution of the unemployment contingency in the training contract shall be made by the fixed fee resulting from the application to the minimum base corresponding to the contingencies of accidents at work and diseases. the same type of contribution and distribution between employer and employee established for the contract in practice.

To determine the regulatory basis and the amount of unemployment benefit, the provisions of Article 211 of this Law shall apply. "

CHAPTER IV

Measures for the improvement of work intermediation and on the performance of temporary work enterprises

Article 13. Public Employment Services.

The Government is authorised to approve, by agreement of the Council of Ministers, a further extension, until 31 December 2012, of the Extraordinary Plan for Guidance, Vocational Training and Employment Integration, approved by the Council of Ministers of 18 April 2008, which was exclusively concerned with the recruitment of 1,500 guidance staff for the strengthening of the network of employment offices and which was extended for two years, with regard to this measure, by agreement of the Council of Ministers of 30 April 2009, enabling the first provision of Royal Decree-Law 2/2009 of 6 March 2009 to provide urgent measures for the maintenance and promotion of the employment and protection of unemployed persons. This measure will apply throughout the territory of the State and its management will be carried out by the Autonomous Communities with statutory powers assumed in the field of employment, employment and training and by the Public Employment Service. State.

With regard to the management by the Autonomous Communities of this measure, the corresponding appropriations shall be distributed territorially between those administrations, in accordance with the provisions of Articles 14 of Law 56/2003, of 16 December, Employment, and 86 of Law 47/2003 of 26 November, General Budget.

Article 14. Employment Policies and Placement Agencies.

Law 56/2003, of 16 December, on Employment, is amended as follows:

One. Article 20 is worded as follows:

" Article 20. Concept.

1. Labor intermediation is the set of actions that aim to put in contact the job offers with the workers seeking a job, for their placement. The purpose of the work intermediation is to provide the workers with an adequate job of their characteristics and to provide the employers with the workers most appropriate to their requirements and needs.

2. Also considered as an employment intermediation is the activity aimed at repositioning workers who will be surplus to business restructuring processes, when the latter would have been established or agreed with the workers or their representatives in the relevant social plans or recolocation programmes.

3. Regardless of the agent that performs it, the labor intermediation has the consideration of a public service. "

Two. An article 21a is incorporated, which is worded as follows:

" Article 21a. Placement agencies.

1. For the purposes of this Law, placement agencies shall mean those public or private entities, with or without a profit motive, who carry out work intermediation activities in accordance with the provisions of Article 20, or employees of the Public Employment Services, either in an autonomous but coordinated manner. They will also be able to develop actions related to job search, such as guidance and professional information, and with the selection of staff.

Recolocation companies are placement agencies specializing in the activity referred to in Article 20.2.

2. Natural or legal persons who wish to act as placement agencies shall obtain authorisation from the public employment service to be granted in accordance with the requirements to be laid down in 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 by the equivalent of the Autonomous Community, in the event that 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 dismissal of the application by administrative silence, in order to ensure adequate protection of workers.

3. A common telematic system will be regulated so as to integrate all the information provided by the State Employment Public Service and the services of the Autonomous Communities in respect of the placement agencies. authorized in such a way that they can be known at all times the agencies operating in their territory.

4. In any event, without prejudice to the obligations laid down in this Chapter and to the specific obligations to be determined by regulation, the placing agencies shall:

(a) To provide the public employment services with the information that is determined by regulatory means, with the periodicity and the way in which it is established about the workers cared for and the activities they develop, as to the job vacancies and professional profiles that correspond to those offers.

b) Respect the privacy and dignity of workers and comply with applicable data protection regulations.

c) Develop and implement specific plans for the placement of unemployed workers members of the collectives referred to in Article 26, to be concluded with the placement of those, in the terms to be determined

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d) Dispose of compatible and complementary electronic systems with those of public employment services.

e) Fulfilling the current labor and social security regulations.

f) Meet the universal accessibility standards for people with disabilities and, in particular, ensure the correct relationship between the characteristics of the job positions offered and the academic profile and (a) to ensure that persons with disabilities are not excluded from access to employment.

5. The authorized placement agencies may be considered to be collaborating entities of the public employment services through the subscription of a collaboration agreement with the same, with the scope provided for in the implementing rules of this Law and the conventions themselves that subscribe to it.

The collaboration agreement referred to in the preceding paragraph must regulate the mechanisms of communication by the agencies for the placement of breaches of the obligations of the workers and of the applicants and beneficiaries of unemployment benefits provided for in Article 231.1 of the recast text of the General Law on Social Security, adopted by Royal Legislative Decree 1/1994 of 20 June.

Such communication shall be carried out for the purposes of the adoption by the public employment services of the measures which, where appropriate, proceed. "

Three. Article 22 is amended as follows:

" Article 22. Basic principles of labor intermediation.

1. The work intermediation carried out by the public employment services and the placement agencies, as well as the intermediary actions that can be performed by other collaborating entities, will be provided according to the principles constitutional equality of opportunities in access to employment and non-discrimination, ensuring full transparency in the operation of such opportunities.

Public employment services, agencies and entities referred to in the previous paragraph shall submit their actions in the processing of workers ' data to the applicable data protection rules.

2. In order to ensure compliance with these principles, the public employment services shall ensure that the specific selection and appeal process between the supply of work and the demand for employment is, in general, appropriate to the service. public employment and duly authorized placement agencies.

In the case of collectives with special difficulties in entering into employment, public employment services may have specialized collaborating entities to carry out the process referred to in the preceding paragraph.

3. Public employment services assume the public dimension of employment intermediation, although they may establish with other entities and with placement agencies, agreements, agreements or other instruments of coordination that they have as their object encourage the placement of job seekers.

4. The employment intermediation carried out by the public employment services, by themselves or through the placement agencies or agencies when they carry out activities in the field of collaboration with those, as established in the This chapter will be made free of charge for workers and employers.

The intermediation carried out by the placement agencies independently of the public employment services must guarantee the workers the gratuitousness for the provision of services, not being able to demand from them any consideration for the same.

5. For the purposes of the intermediation carried out by the public employment services and, where appropriate, the entities collaborating with them and the implementation of the programmes and measures of active employment policies, they shall have the sole consideration of (a) applicants for employment who are registered as such in such public employment services. '

Four. Article 22a is worded as follows:

" Article 22a. Discrimination in access to employment.

1. Public employment services, their collaborating entities, and the placement agencies in the management of labour intermediation must be specifically responsible for avoiding direct and indirect discrimination in access to employment.

The managers of the employment intermediation when, in the placement offers, they appreciate discriminatory character, they will communicate to those who have formulated the offer.

2. In particular, tenders relating to one of the sexes shall be regarded as discriminatory, except in the case of an essential and determining professional requirement for the activity to be carried out.

In any case, the offer referred to only one of the sexes based on the requirements of the job related to the physical effort shall be considered to be discriminatory. "

Five. A new paragraph 3 is added to Article 23, with the following wording:

" 3. The economic resources allocated to active employment policies shall be managed by the public employment services of the Autonomous Communities for the purpose of meeting the objectives set out in Article 25, programmes and actions they consider necessary.

Measures and aid provided for in programmes and actions may be managed through the granting of public subsidies, administrative procurement, subscription of agreements, direct management or any other form of assistance. legal-adjusted legal. "

Six. New wording is given to Article 27, as follows:

" Article 27. Registration as a jobseeker and a subscription to the activity of the beneficiaries of benefits and unemployment benefits.

1. Applicants and beneficiaries of unemployment benefits and allowances, as provided for in Article 231 of the recast text of the General Law on Social Security, adopted by Royal Decree-Law 1/1994 of 20 June, shall be required to to register and maintain registration as a job seeker in the public employment service, which will involve the subscription to the same undertaking of the activity, and must meet the requirements of that undertaking, which will be included in the the demand renewal document.

However, once registered and without prejudice to continuing to maintain such registration, applicants and beneficiaries of unemployment benefits and allowances who so wish may require the services of the agencies of the placement.

2. The registration as a jobseeker will be made with full availability to accept an offer of suitable placement and to meet the rest of the requirements arising from the commitment of activity, which will be understood from the date of the application for unemployment benefits and allowances.

3. The public authorities responsible for employment intermediation and the management of active employment policies shall ensure that they are applied to the beneficiaries of unemployment benefits and allowances, in the context of the actions they may take. be established in accordance with the provisions of Article 14.2 of this Law. For these purposes, the volume of beneficiaries in proportion to their participation in the total number of unemployed in their territory shall be covered by these measures, at least.

4. The beneficiaries of unemployment benefits and allowances registered in the public employment services, once they have subscribed to the undertaking, must take part in the active employment policies to be determined in the insertion, without prejudice to the provisions of the last paragraph of Article 231.1 of the recast text of the General Law on Social Security. The competent public authorities shall verify compliance with the obligations arising from the registration as jobseekers and the subscription of the undertaking for the activity of the beneficiaries of benefits and allowances. (i) unemployment, and the failure to comply with those obligations to the State Employment Public Service, at the time they are produced or known. Such communication may be carried out by electronic means. "

Seven. Article 28 (1) is reworded as follows:

" 1. Administrations and public bodies which have responsibility for the management of employment and the State Employment Service shall cooperate and cooperate in the exercise of their powers by ensuring the coordination of the (i) various activities of intermediation and labour insertion and those of the application, recognition and perception of unemployment benefits, through the agreements to be adopted at the Sectoral Conference and the cooperation agreements which have been concluded reach, in application of the provisions of Articles 5 and 6 of Law No 30/1992 of 26 November 1992, of Legal status of public administrations and the common administrative procedure.

In these cooperation agreements, the conditions for the use of the amounts not executed in the financing of expenditure of the various unemployment benefits may be established to finance programmes for the promotion of employment and vocational training for employment, provided that the reduction in the expenditure initially envisaged is due to the effective implementation by the competent public authorities of the tasks set out in paragraphs 3 and 4 of the previous article. "

Eight. A new additional provision is added 6, with the following wording:

" Additional disposal sixth. Competitive distribution in training initiatives funded by bonuses in Social Security contributions.

Within the National Employment System, it corresponds to the General Administration of the State, through the Public Service of State Employment or the Public Services of Employment of the Autonomous Communities with a convention in this (i) the implementation of the activities of evaluation, monitoring and control of training initiatives financed by the provision of allowances for social security contributions which are applied to firms which have their centres of work in more than one Member State; of an Autonomous Community, without prejudice to the assessment, monitoring and control which they may to carry out the employment services of the Autonomous Communities in the workplace in their territorial area.

Similarly, the Autonomous Communities shall carry out such assessment, monitoring and control activities when the enterprises have all the work centres within the scope of the same Autonomous Community, without prejudice to the State-exclusive powers as regards the economic system of social security.

The State Employment Public Service will enter the value of the non-applied bonuses to the competent services of the Autonomous Communities because of the penalties imposed for infringements of the bonuses in the Social security contributions in the form of demand training, which will be used for active employment training policies. "

Article 15. Adaptation of labour law to the regulation of placement agencies.

The recast text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is amended as follows:

One. Article 16 (2) is amended as follows:

" 2. The Public Employment Services may authorise, under the conditions laid down in Law 56/2003 of 16 December 2003, the existence of public or private placement agencies. Such agencies shall ensure, in their field of action, the principle of equal access to employment, and cannot establish any discrimination, whether direct or indirect, based on grounds of origin, including racial or ethnic origin, sex, age, civil status, religion or belief, political opinion, sexual orientation, trade union membership, social status, language within the State and disability, provided that the workers are in a position to be able to carry out the work or employment in question.

The placement agencies in their actions will have to respect the privacy and dignity of the workers, comply with the applicable data protection regulations and guarantee the workers free of charge. service delivery. "

Two. A paragraph 3 is added to Article 16, with the following wording:

" 3. The activity of hiring workers temporarily to other companies shall be carried out exclusively by temporary work enterprises in accordance with their specific legislation. "

Article 16. Adaptation of Social Security legislation to the regulation of placement agencies.

Article 231 (1) of the recast text of the General Law on Social Security, adopted by Royal Legislative Decree 1/1994 of 20 June, is amended as follows:

" 1. These are obligations of workers and applicants and beneficiaries of unemployment benefits:

a) Listing for the contribution corresponding to the unemployment contingency.

b) Provide documentation and information that are regulated for the purposes of recognition, suspension, termination or resumption of entitlement to benefits.

(c) Participate in the work of social collaboration, employment programmes, or in actions of promotion, training or retraining, to determine the public employment services, or the placement agencies when develop activities in the field of collaboration with those and accept the appropriate placement offered to them by public employment services or by such agencies.

d) Renew the demand for employment in the form and dates as determined in the document for renewal of the application and appear, where it has been previously required, before the Management Entity, the public employment services or the placement agencies when they develop activities in the field of collaboration with those.

e) To request the reduction of unemployment benefits when situations of suspension or termination of the right occur or to cease to meet the requirements for their perception, at the time of the production of such situations.

f) Reintegrate the improperly perceived capabilities.

(g) Return to the public employment services, or, where appropriate, to the placement agencies when they carry out activities in the field of collaboration with those, within five days, the corresponding supporting evidence of compared to the place and date indicated to cover the offers of employment provided by them.

(h) to be registered as jobseekers and to subscribe and meet the requirements of the undertaking of activity, in the terms laid down in Article 27 of Law 56/2003, of 16 December, of Employment.

(i) actively seek employment, participate in actions to improve the employability, to be determined by the competent public employment services, where appropriate, within an itinerary of insertion.

Without prejudice to the obligation to accredit the active search for employment, the participation in the actions to improve the occupation that correspond to their usual profession or their training skills as determined in the route of insertion shall be voluntary for the beneficiaries of contributory benefits during the first thirty days of receipt, and the non-participation in them shall not entail sanctioning effects. '

Article 17. Temporary work companies.

Law 14/1994, of 1 June, for which Temporary Work Enterprises are regulated, is amended as follows:

One. Article 8 (b) is worded as follows:

" (b) For the performance of work or occupations which are particularly dangerous for safety and health at work, in the terms provided for in the second provision of this Law and, in accordance with this Law, collective agreements or agreements. "

Two. Article 11 is worded as follows:

" 1. Workers hired to be transferred to user undertakings shall be entitled during the periods of service provided to them to the application of the essential conditions of employment and employment which they would have been entitled to hired directly by the user company to occupy the same position.

For these purposes, the conditions for work and employment are considered to be those relating to remuneration, the length of the day, overtime, rest periods, night work, holidays and holidays. public holidays.

The remuneration shall comprise all economic, fixed or variable remuneration, established for the job to be carried out in the collective agreement applicable to the user undertaking which are linked to that post work. It must include, in any case, the proportional share of the weekly rest, the overtime, the holidays and the holidays. It shall be the responsibility of the user undertaking to quantify the worker's final perceptions and, to that end, the user undertaking must enter the remuneration referred to in this paragraph in the contract for the making available of the worker.

In addition, workers hired to be transferred will have the right to apply the same provisions as to the workers of the user undertaking in the field of protection of pregnant and pregnant women. (a) to provide for the introduction of a Community law on the application of the same provisions adopted with a view to combating discrimination based on sex, racial or ethnic origin, religion or religion, and on the application of the same provisions adopted with a view to combating discrimination based on sex, racial or ethnic origin, beliefs, disability, age or sexual orientation.

2. Where the contract has been concluded for a given time, the worker shall be entitled, in addition, to receive financial compensation for the termination of the contract for making available equivalent to the proportion of the quantity which would be required to pay twelve days ' salary for each year of service, or to the one established where applicable, in the specific rules that apply. The compensation may be prorated during the term of the contract. "

Three. Article 16 (3) is reworded in the following terms:

" 3. The user undertaking shall be liable in the alternative to the wage and social security obligations incurred by the worker during the life of the contract for making available, as well as the financial compensation resulting from the termination of the contract. employment contract. Such liability shall be in solidarity in the event that the contract has been made in breach of the provisions of Articles 6 and 8 of this Law.

The information that the temporary work company must supply to the user company will be determined. "

Four. New wording is given to Article 17 (2):

" 2. They shall also be entitled to the use of the transport, dining-room, nursery and other common services and collective facilities of the user undertaking for the duration of the contract for making available to them. the same conditions as those employed directly by the user undertaking. '

Five. Two new paragraphs 3 and 4 are added to Article 17 in the following terms

" 3. The user undertaking must inform the temporary agency workers, on the existence of vacant posts, in order to guarantee them the same opportunities for access to permanent posts as for the workers hired directly by the latter. This information may be provided by a public announcement at an appropriate place of the business or workplace, or through other means provided for in collective bargaining, to ensure the transmission of the information.

4. By collective bargaining, appropriate measures shall be taken to facilitate the access of temporary agency workers to the training available to workers in user enterprises. "

Six. An additional second provision is introduced, with the following wording:

" Additional Disposition Second. Work or occupations of particular danger to safety and health at work.

1. In accordance with Article 8 (b) of this Law, no contracts may be concluded for the making of the following work in activities of particular danger:

(a) Work involving the exposure to ionising radiation in controlled areas according to Royal Decree 783/2001 of 6 July 2001 approving the Regulation on health protection against ionising radiation.

b) Work involving the exposure to carcinogenic, mutagenic or toxic agents for reproduction, first and second category, according to Royal Decree 363/1995 of 10 March 1995 approving the Regulation on notification of new substances and classification, packaging and labelling of dangerous substances, and Royal Decree 255/2003 of 28 February approving the Regulation on the classification, packaging and labelling of dangerous preparations, as their respective standards of development and adaptation to technical progress.

(c) Work involving the exposure to biological agents of groups 3 and 4, according to Royal Decree 664/1997 of 12 May on the protection of workers from the risks related to exposure to agents biological during the work, as well as its standards of modification, development and adaptation to technical progress.

2. Prior to 31 March 2011, by means of the interprofessional agreements or collective agreements referred to in Article 83 of the recast of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of 24 March, or the collective bargaining sector of the state in the activities of the construction, the open and indoor mining, the extractive industries by surveys on land surface, the works in marine platforms, the manufacture, handling and use of explosives, including pyrotechnic articles and other articles objects or instruments containing explosives and works with high voltage electrical hazards may be determined, for reasons of safety and health at work, limitations for the conclusion of contracts for making available, provided that meet the following requirements:

(a) They must refer to particular occupations or jobs or to certain tasks.

(b) They shall be justified by reason of the risks to safety and health at work associated with the posts or works concerned.

(c) They must be based on a reasoned report which shall be accompanied by the documentation required for the registration, deposit and publication of the collective agreement or agreement by the labour authority.

3. Since 1 April 2011, in compliance with the limitations which, where appropriate, could have been established by collective bargaining as referred to in the preceding paragraph, provision may be made for making available contracts in the field of the above activities. Without prejudice to compliance with the legal and regulatory requirements, the conclusion of making contracts shall be subject to the following requirements:

(a) The temporary work undertaking must organise in full or in part its preventive activities with duly audited own resources in accordance with the rules on the prevention of occupational risks and have a the safety and health committee in the work of which a number is not less than four prevention delegates.

(b) The worker must have the skills, skills, qualifications and specific training required for the performance of the job, and must be accredited by the working firm. temporary.

4. The provisions of collective agreements or agreements as referred to in paragraph 2 are without prejudice to the rules on the validity, extension, withdrawal and renegotiation of collective agreements in Title III of the recast text of the Workers ' Statute. "

Seven. A new fourth additional provision is incorporated with the following wording:

" Additional provision fourth. Validity of limitations or prohibitions of recourse to temporary work enterprises.

As of 1 April 2011, all limitations or prohibitions currently in force for the conclusion of contracts for the making available by temporary work companies, including the one established in the Additional provisions of Law 30/2007, of 30 October, of public sector contracts, with the sole exception of the provisions of this Law. From that date, the limitations or prohibitions which may be established shall be valid only where they are justified on grounds of general interest relating to the protection of workers transferred by temporary employment undertakings, to the the need to ensure the proper functioning of the labour market and to avoid possible abuse.

Before the date indicated in the preceding paragraph, after negotiation at the General Administration of Negotiation of Public Administrations, the Government shall establish the functional criteria for the application of the provisions of that paragraph. in the field of such Administrations.

The temporary employment companies will not be able to carry out with the public administrations contracts for the provision of workers for the performance of tasks which, by a rule with the rank of Law, are reserved for the public officials. "

Article 18. Adaptation of the legislation on infringements and penalties in the social order to the regulation of placement agencies and temporary work enterprises.

The recast of the Law on Infringements and Sanctions in the Social Order, approved by Royal Legislative Decree 5/2000 of 4 August, is amended as follows:

One. The heading of Subsection 1 of Section 3 of Chapter II, which is read as follows, is amended

follows:

Subsection 1. Infringement Of Employers, of the placing agencies and of the beneficiaries of aid and grants in the field of employment, aid for the promotion of employment in general and vocational training for employment "

Two. Article 16 (1), which is very serious, is worded as follows:

" 1. To carry out intermediary activities, of any kind and functional area, which aim at the placement of workers without having obtained the corresponding administrative authorisation or to require the workers to pay or hire them for the services provided. "

Three. Article 16 (2), very serious infringements, is worded as follows:

" 2. To request personal data in the selection process or to establish conditions, by means of advertising, dissemination or by any other means, which constitute favourable or adverse discrimination for access to employment on the grounds of sex, origin, including racial or ethnic, age, marital status, disability, religion or belief, political opinion, sexual orientation, union membership, social status and language within the State. "

Four. Article 17 (1) is worded as follows:

" 1. Mild.

(a) Failure to appear, upon request, to public employment services or placement agencies when they are engaged in activities in the field of collaboration with those services and thus included in the collaboration agreement; or not to renew the demand for employment in the form and dates to be determined in the application renewal document, unless justified.

b) not to return, unless justified, to the public employment services or, where appropriate, to the placement agencies where they carry out activities in the field of collaboration with those services and thus to be included in the collaboration agreement, the appropriate supporting evidence of having appeared at the place and date indicated to cover the offers of employment provided by those. "

Five. Article 17 (2) is amended as follows:

" 2. Serious: to reject an offer of adequate employment, whether offered by public employment services or by placement agencies when they develop activities in the field of collaboration with those, or refuse to participate in programmes of employment employment, including those for occupational integration, or in actions for the promotion, training or retraining, except for justified reasons, offered by the public employment services.

For the purposes set out in this Law, appropriate placement shall be understood to meet the requirements laid down in Article 231.3 of the recast text of the General Law of Social Security, approved by Royal Decree Regulation 1/1994 of 20 June 1994 in respect of those aspects in which the applicants for employment are not applicants or beneficiaries of unemployment benefits. "

Six. Paragraph (b) of Article 18.3 is worded as follows:

" (b) to formalise contracts for the provision of work or occupations of particular danger to safety or health at work or to formalise them without having met the requirements laid down for this purpose; as legally or conventionally established. "

Seven. Paragraph (b) of Article 19.3 is worded as follows:

" (b) The formalisation of contracts for the provision of work or occupations of particular danger to safety or health at work or to formalise them without having met the requirements laid down in this Directive. to do so according to the legal or conventionally established, meaning that an infringement is committed for each contract in these circumstances. "

Eight. Paragraph (a) of Article 24 (3) shall be worded as follows:

" (a) Failure to appear, upon request, to public employment services or placement agencies when carrying out activities in the field of collaboration with those, or not to renew the demand for employment in the form and dates to be determined in the demand renewal document, except for justified reasons. '

Nine. Article 25 (4) is worded as follows:

" 4. In the case of applicants or beneficiaries of contributory or assistance level unemployment benefits:

(a) Reject a suitable job offer, whether offered by public employment services or by placement agencies when they develop activities in the field of collaboration with those, except for cause justified.

b) Refusal to take part in the work of social partnership, employment programmes, including those for occupational integration, or in the form of promotion, training or retraining, except for justified reasons, public employment services or in the guidance and professional information actions offered by the placement agencies when they carry out activities in the field of collaboration with those.

For the purposes set out in this Law, appropriate placement and social collaboration work shall be understood to meet the requirements laid down, respectively, in Article 231.3 and in Article 213.3 of the text. recast of the General Law of Social Security. "

Additional disposition first. Collective bargaining and contractual arrangements.

1. The provisions of Article 15 (1) (a) of the Staff Regulations, in accordance with the wording of this Law, are without prejudice to what are currently laid down by the sectoral collective agreements on the maximum duration of the specific contract by work or service.

2. Similarly, the provisions of Article 15 (1) (a) and (5) and Article 49 (1) (c) of the Staff Regulations, in accordance with the wording given to them by this Law, are without prejudice to what is established or may be established. on the regulation of the fixed contract of work, including its compensation for cessation, in collective bargaining in accordance with the third provision of Law 32/2006 of 18 October 2006, which is the regulator of subcontracting in the construction.

Additional provision second. Theoretical training in contracts for training.

1. Without prejudice to the regulatory development referred to in the eighth paragraph of Article 11 (2) (e) of the Staff Regulations, in the framework of the rules governing the application and development of Royal Decree 395/2007 of 23 March 2007, the that the subsystem of vocational training for employment is regulated, and in particular of its Article 27, referring to the theoretical training of contracts for training, the Government, through the Ministries of Labour and Immigration and Education, in their respective fields of competence, will establish procedures that will make it more flexible and easier for Employers ' organisation of the corresponding theoretical training to contract workers for training, especially in the case of companies of up to 50 employees.

2. In any event, companies may be eligible for the cost of theoretical training under the terms of Article 27 (5) of Royal Decree 395/2007 of 23 March 2007, or a rule amending or replacing it. The bonuses in the business quotas to the Social Security for the financing of this cost will be compatible with those that are contemplated for the contracts for the formation in programs of employment promotion.

Additional provision third. Contracts for training in the Workshop Schools, Office of the Office and Job Workshops.

1. The protective action of the Social Security in the training contracts signed with the students in the school-workshop programmes, trades houses and workshops, will comprise the same contingencies, protected situations and benefits which for the rest of the workers employed under this modality, as laid down in Article 11.2 (i) of the Staff Regulations and the additional sixth provision of the General Law on Social Security, with the exception of unemployment.

2. The bonuses provided for in Article 11 of this Law shall not apply to contracts for the training of workers participating in the programmes of workshop schools, craft houses and employment workshops.

Additional provision fourth. Specific vocational training plans for young people and unemployed persons.

In relation to measures to promote the employment of young people and unemployed persons articulated in Chapter III of this Law, specific vocational training plans will be drawn up to contribute to the incorporation of these collectives into the labour market.

Additional provision fifth. Implementation of the National System of Qualifications and Vocational Training.

The Government will complete the development of the Organic Law of 19 June, of the qualifications and vocational training, within six months by means of a Royal Decree regulating the implementation of the National System of Qualifications and Vocational Training, adapting training offers to the requirements of production and employment, through evaluable and certifiable training actions.

Additional provision sixth. Linking of active employment policies and unemployment benefits.

At the time when employment begins its recovery, the government will take the necessary measures to reform the legislation governing unemployment benefits with the aim of increasing the employment relationship with the active employment policies.

Additional provision seventh. Construction sector repositioning plan.

The government will promote a specific plan, in collaboration with the Autonomous Communities, for the relocation of the unemployed from the construction sector, through specific training and monitoring programs, to enable them to be engaged in labour-demanding sectors such as rehabilitation, energy installation, security, tourism, dependency, among others.

Additional disposition octave. Vocational training at work.

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

"(b) To vocational promotion and training at work, as well as to the development of training plans and actions aimed at promoting their greater employability."

Additional provision ninth. Annual Report of Evaluation of the Bonus to Recruitment.

The Government will present to the Congress of Deputies an Annual Report on the Evaluation and Economic Monitoring of the Bonuses For Hiring in order to know the effectiveness of the measure in order to adjust the policies active to the reality of the labour market.

Additional provision 10th. Capitalization fund.

The government, within the maximum period of one year from June 18, 2010, after consultation with the most representative business and trade union organizations, will approve a bill for which, without increasing Employers ' contributions, the establishment of a Capitalization Fund for workers, maintained throughout their working life, for an amount equal to a number of days of salary per year of service to be determined.

The regulation will recognize the right of the worker to make the payment of the accumulated amounts in his favor in the Fund of capitalization in the cases of dismissal, of geographic mobility, for the development of activities or at the time of your retirement. The compensation payable by the employer in the event of dismissal shall be reduced by a number of days per year of service equivalent to that determined for the establishment of the Fund.

The Fund shall be operational as of 1 January 2012.

Additional provision eleventh. Equality between women and men at work.

The recast text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is amended as follows:

One. The first subparagraph of Article 17 (1) shall be read as follows:

" It shall be construed as null and void the regulatory precepts, the clauses of the collective agreements, the individual covenants and the unilateral decisions of the employer giving rise to employment, as well as remuneration, working time and other working conditions, situations of direct or indirect discrimination unfavourable on grounds of age or disability or of situations of direct or indirect discrimination on grounds of sex, origin, including racial or ethnic, marital status, social status, religion or belief, political ideas, Sexual orientation or condition, whether or not to join trade unions and their agreements, relationships with persons belonging to or related to the company and language within the Spanish State. "

Two. Article 22 (4) is amended as follows:

" 4. The definition of professional categories and groups shall be in accordance with criteria and systems aimed at ensuring the absence of direct or indirect discrimination between women and men. "

Three. Article 23 (2) is worded as follows:

" 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 aimed at ensuring the absence of direct or indirect discrimination between female and male workers. "

Four. Article 24 (2) is amended as follows:

" 2. Promotions and professional promotion in the company will be in accordance with criteria and systems that aim to guarantee the absence of direct or indirect discrimination between women and men, and positive action measures can be established. aimed at eliminating or compensating for situations of discrimination. "

Additional disposition twelfth. Assessment of measures to promote the employment of young people and unemployed persons.

The government will assess before 31 December 2011 the operation of measures to promote the employment of young people and unemployed persons established in Articles 10 and 11 of this Law, including in such assessment shall be carried out by a gender impact assessment report.

In view of this assessment, and in the light of developments in employment during 2010 and 2011, the government, after consultation with the most representative trade union and business organisations, will take the appropriate measures. on its extension or modification.

Additional disposition thirteenth. Assessment of the claims of temporary workers by temporary workers.

The National Institute of Safety and Hygiene at Work will have to incorporate in its periodic reports on the evolution of the sinister specific data that will allow to know the evolution of the work accident in the work or occupations of particular danger to the safety and health at work performed by workers transferred by temporary work undertakings as provided for in Article 8 (b) and in the second provision of the Law 14/1994, of 1 June, for which Temporary Work Enterprises are regulated.

Additional disposition fourteenth. Amendment of the Law on Infractions and Sanctions in the Social Order on the destination of donations and sponsorship actions in relation to the employment reserve in favour of persons with disabilities.

One. A new paragraph 14 is added to Article 2 of the Law on Infringements and Sanctions in the Social Order, recast text approved by Royal Decree-Law 5/2000, of 4 August, with the following wording:

" 14. Foundations and associations of public utility beneficiaries of donations and sponsorship actions for the development of activities of insertion and job creation of persons with disabilities, as an alternative measure to the fulfillment of the an obligation to reserve employment in favour of persons with disabilities. "

Two. A new paragraph 6 is added to Article 16 of the Law on Infringements and Sanctions in the Social Order, with the following wording:

" 6. Improper application or non-application to the intended legal or regulatory purposes of donations and sponsorship actions received from companies by foundations and public utility associations, as an alternative measure to compliance with the obligation to reserve employment in favour of persons with disabilities. "

Additional provision 15th. Social jurisdiction.

Within 6 months, the government will approve a bill to reform the recast text of the Labor Procedure Law, which was approved by Royal Legislative Decree 2/1995 of 7 April, which provides for the granting of (a) social court, among other matters, of appeals against administrative decisions of the Labour Authority in procedures for the temporary suspension of industrial relations, reduction of working hours and collective redundancies, Articles 47 and 51 of the Staff Regulations.

Additional provision sixteenth. Labor and Social Security Inspection.

1. The Labour and Social Security Inspectorate, without prejudice to the powers of the Autonomous Communities which have received the transfer of functions and services in the field of public inspection, shall adapt the number and conformation of its (a) effective and legally mandated functions, as well as international recommendations and guidelines established in the Spanish Strategy on Safety and Health at Work.

2. The Labour and Social Security Inspectorate shall include in its Integrated Action Plan as a general objective, the following specific plans:

a) Wage discrimination between women and men.

b) Control of temporary contracts without cause and impulse to their transformation into undefined.

c) Control of the correct use of training contracts and non-working practices in enterprises.

(d) Control of the performance of undertakings engaged in the assignment of employees without administrative authorisation.

Additional 17th disposition. Public Employment Services.

The government will continue to strengthen the State and regional Public Employment Services through the improvement of its human, organizational and office network resources. It will also increase the degree of coordination and effectiveness between State and regional Public Employment Services to promote changes in access and improvement of employment and to manage unemployment benefits.

18th additional disposition. Cross-border workers in Andorra.

1. The Government will promote the amendment of the social security agreement between Spain and Andorra to improve the social protection of cross-border workers by contemplating the unemployment coverage of workers residing in a State and work on another.

2. As long as the Convention is amended, as indicated in the previous paragraph, Spanish nationals residing in Spain and working in Andorra, provided that they credit sufficient periods of occupation previously listed in Spain and comply with the rest of the requirements, they will be able to access unemployment benefits in Spain when they become unemployed in Andorra.

Additional 19th disposition. Improving the management of Temporary Incapacity.

The General Law on Social Security is amended, a recast text approved by the Royal Legislative Decree 1/1994 of 20 June, in the following terms:

One. A new paragraph 4 is added to Article 73, with the following wording:

" 4. Mutual funds may allocate part of the surplus obtained in the management of professional contingencies or temporary incapacity for a disease common to the establishment of a system for the reduction of contributions by common contingencies. of undertakings, in terms which are established in a regulated manner, provided that they have reduced the costs of temporary incapacity, below the limits laid down, or have obtained a significant reduction in these costs, such as result of the implementation of plans agreed in the field of the enterprise with the representation of workers who modify working conditions, make it more flexible to change the job of workers affected by common illness and improve the control of unjustified absenteeism. The contribution reductions will be proportional to the cost savings generated to the system through these collaborative processes. "

Two. The third subparagraph of Article 131a (1) is deleted.

Three. A third paragraph is added to the additional 40th provision, with the following wording:

"The medical inspection of public health services may request the referral of the medical data necessary for the exercise of its powers, which are held by the social security management entities."

Four. Additional new provision is added with the following wording:

" Additional 50th Disposition. Expenses for the anticipation of the rehabilitation of workers in temporary incapacity for common contingencies.

The Mutual of Occupational Accidents and Occupational Diseases of Social Security shall assume their position, without prejudice to any subsequent compensation by the Health Services or by the Security Management Entities. Social the cost caused by the performance of diagnostic tests, treatments and functional recovery processes aimed at avoiding the unnecessary prolongation of the processes of low labor by common contingencies of the workers of the (a) the system of social security, and which derives from the agreements or conventions referred to in the Articles 12 (4) and 83 of the General Regulation on cooperation in the management of the Mutual Insurance and Occupational Diseases of Occupational Safety and Occupational Diseases, approved by Royal Decree 1993/1995 of 7 December 1995. "

Five. A new additional disposition is added with the following content:

" Additional fiftieth-second disposition. Competencies on the Temporary Incapacity processes.

Until the completion of the maximum duration of three hundred and sixty five days of the processes of temporary incapacity of the Social Security System, the National Institute of Social Security, and, where appropriate, the Institute Social of the Navy, through the Medical Inspectors attached to these entities, will exercise the same powers as the Inspection of Health Services of the Social Security or equivalent organ of the respective Public Health Service, for issue a medical discharge for all purposes. When the discharge has been issued by the National Institute of Social Security or the Social Institute of the Navy, they will be the only ones competent, through their own doctors, to issue a new medical discharge in the situation of incapacity. temporary if it occurs within one hundred and eighty days after the aforementioned medical discharge for the same or similar pathology.

The Secretary of State for Social Security, on a proposal from the National Social Security Institute, and by means of a resolution published in the Official Gazette of the State, will determine the date from which the functions attributed in the preceding paragraph. "

320th additional disposition. Work attendance faults.

Article 52 (d) 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:

" (d) For still justified but intermittent work assistance failures, which reach 20% of the working days in two consecutive months, or 25% in four discontinuous months within a period of 12 months, always the total absenteeism rate of the job center template exceeds 2.5% over the same time periods.

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. "

Additional twenty first disposition. Collective bargaining.

The government will promote legislative initiatives that correspond to the reform of collective bargaining in terms that, in the exercise of collective autonomy, are agreed upon and required by the interlocutors. in the bipartite negotiation process that they currently develop as agreed in the Agreement for Employment and Collective Bargaining, 2010, 2011 and 2012.

In the absence of agreement in the bipartite negotiation process, within six months of the entry into force of this Law, the government, after consulting with the business and trade union organizations, will adopt the initiatives that correspond to, inter alia, the definition of mechanisms for the articulation of collective bargaining, their role as a procedure for the establishment of working conditions and the determination of employment policies, their capacity to adapt to the needs of workers, enterprises and sectors of production and the improvement of productivity, as well as all those elements and instruments related to the objectives outlined in the current collective bargaining system.

Additional twenty-second disposition. Amendment of Law 32/2010 of 5 August establishing a specific system of protection for the cessation of the activity of self-employed workers.

Article 8 (2) of Law 32/2010 of 5 August 2010 establishing a specific system of protection for the cessation of the activity of self-employed workers is worded as follows:

" 2. The self-employed person who has been recognised as having the right to economic protection by cessation of activity may reapply for a new recognition, provided that the legal requirements are met and that eighteen months have elapsed since the recognition of the last right to benefit. '

33rd additional disposition. Limits to salary benefits in kind.

Article 26 (1) of the recast text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is amended as follows:

" 1. All the economic perceptions of workers, whether in cash or in kind, by the professional provision of the employment services, shall be deemed to be paid, whether they pay for the actual work, whatever the form of remuneration, or the periods of rest that can be used as work.

In no case, including the special employment relationships referred to in Article 2 of this Law, the salary in kind may exceed 30 per 100 of the worker's salary perceptions, or give rise to the minorisation of the whole amount in money from the inter-branch minimum wage. "

Twenty-fourth additional disposition. Measures aimed at promoting the employment opportunities of people with disabilities.

1. The Government will proceed within twelve months, in the framework of the Global Strategy of Action for the Employment of Persons with Disabilities 2008-2012, to the revision of Royal Decree 1368/1985, of July 17, which regulates the employment relationship the special character of disabled persons working in the special centres of employment, as well as to regulate matters relating to the cases of succession or business subrogation affecting workers with disabilities or workers with disabilities; special centres of employment.

2. The Government will consider, within the framework of the Global Strategy for Action for the Employment of Persons with Disabilities 2008-2012, appropriate measures to improve the employability of those with a limit of intellectual capacity who do not reach a degree. minimum disability of 33 percent.

First transient disposition. Arrangements applicable to contracts for specific works or services.

Contracts for works or services determined prior to the entry into force of this Law shall be governed by the laws or regulations in force at the date of their conclusion.

As provided for in the wording given by this Law to Article 15.1 (a) of the Staff Regulations, it shall apply to contracts for certain works or services subscribed to from the date of entry into force of the Staff Regulations.

Second transient disposition. The entry into force of the limitation on the chain of temporary contracts.

The wording given by this Law to Article 15 (5) of the Staff Regulations will apply to contracts of employment entered into from the date of entry into force of the Staff Regulations, but in respect of the contracts entered into by the worker in advance, for the purposes of calculating the number of contracts, for the period and for the period laid down in Article 15 (5), shall be taken into consideration in force on 18 June 2010.

With regard to contracts entered into by the worker before 18 June 2010, it shall continue to apply, for the purposes of calculating the number of contracts, as laid down in Article 15 (5) in accordance with the wording given to it. by Law 43/2006 of 29 December 2006 for the improvement of growth and employment.

Transitional provision third. Payment of part of the compensation by the Salarial Guarantee Fund in the new contracts of an indefinite nature.

1. For contracts of an indefinite nature, whether they are ordinary or for the promotion of indefinite procurement, concluded from 18 June 2010, where the contract is terminated by the causes provided for in Articles 51 and 52 of the Staff Regulations. Workers or in Article 64 of Law 22/2003, of 9 July, Bankruptcy, a part of the compensation corresponding to the worker shall be subject to compensation to the employer by the Guarantee Fund in an amount equivalent to eight days of salary per year of service, prorating for months the periods of time less than year.

2. The compensation shall be calculated on the basis of the amounts per year of service and the limits legally established on the basis of the extinction in question and their judicial or business qualification. The limit for the calculation of the compensation provided for in Article 33.2 of the Staff Regulations shall not apply in this case.

3. The payment shall be made on condition that the contract has run for more than one year and whatever the number of employees of the undertaking. In contracts of lower duration, the legally established indemnity shall be paid in full and in his capacity by the employer.

4. For the purposes provided for in this provision, the employer shall record in the written communication to the worker the daily wage which he has paid for the calculation of the compensation for his duties.

5. The payment of 40% of the legal compensation in undertakings of less than 25 employees, for contracts of an indefinite nature, are ordinary or for the promotion of indefinite contracts, concluded before 18 June 2010, continue to be governed by the provisions of Article 33.8 of the Staff Regulations.

6. The payment of part of the compensation referred to in this provision shall be financed from the Salarial Guarantee Fund.

7. The provisions of this provision shall apply until the entry into operation of the Capitalization Fund referred to in the Additional provision 10th.

Transitional disposition fourth. Arrangements applicable to procedures and dossiers in respect of 18 June 2010.

1. The procedures for geographical mobility, the substantial modification of working conditions, those aimed at the implementation of the wage regime established by collective agreement and the dossiers for the regulation of employment for the termination of contracts They will be governed by the regulations in force at the time of their commencement.

2. The temporary employment regulation files, which have been resolved by the Labour Authority and which are valid for implementation on 18 June 2010, shall be governed by the rules in force when the decision on the file was issued.

To the cases of temporary employment regulation, in order to be dealt with on 18 June 2010, the legal system provided for in this Law may apply to them, provided that they are jointly requested by the employer and the representatives of the employees and this circumstance should be noted in the resolution of the labour authority.

Transient disposition fifth. Rules on the extension of the allowance for the maintenance of employment and the replacement of unemployment benefits.

1. Companies that have been calling for temporary employment regulation files, which have been resolved by the Labour Authority and will be in force by 18 June 2010, will be able to benefit from the extension of the right to the bonus of Business quotas for the Social Security for common contingencies referred to in Article 1.2.bis of Law 27/2009 of 30 December, provided that the conditions laid down in this Law are met. In any event, the increase in the percentage of the bonus may be applied only in respect of contributions due after 18 June 2010.

2. Workers to whom their employment contract had been terminated before 18 June 2010 in the cases laid down in Article 3.1 of Law 27/2009 of 30 December 2010 and which had previously been affected by the files for 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 on the terms and limits laid down in the rules in force at the time of the dismissal or administrative or judicial decision which authorized the termination of the contract.

Transitional disposition sixth. Allowances and quota reductions in existing contracts.

The bonuses or reductions in the business quotas of the Social Security that were to be enjoyed by the contracts concluded before June 18, 2010, 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 bonus, except as provided for in the third paragraph of Article 11.1.

Transitional disposition seventh. Age limit of contract workers for training.

Until 31 December 2011, contracts may be concluded for training with workers under the age of 25 years without application of the maximum age limit laid down in the first paragraph of Article 11.2.a) of the Staff Regulations for the conclusion of contracts for training.

Transient disposition octave. Contracts for training prior to 18 June 2010.

The training contracts in force on 18 June 2010, as well as their extensions, will be governed by the regulations under which they were concluded.

However, from 18 June 2010, the coverage of the unemployment contingency, in accordance with the provisions of Article 11.2 (i) of the Staff Regulations, shall apply to such contracts, where they are carried over. the Workers and in the additional sixth and 40th provisions of the General Law of Social Security, as well as the provisions, in the matter of bonuses, in Article 11 of this Law.

transient disposition ninth. Contracts for training with workers with disabilities.

As long as the provisions of Article 11 of this Law apply, companies that enter into contracts for training with workers with disabilities will be able to apply what is established in the law, or the reduction of 50 percent. 100 in the business quotas to the Social Security provided for the contracts for the training to be held, in accordance with the additional provision of the Workers ' Statute.

Transient disposition tenth. Authorized non-profit placement agencies.

The current placement agencies authorized in accordance with Royal Decree 735/1995 of 5 May, for which the non-profit placement agencies and the integrated services for employment are regulated, will have a six months from the date of entry into force of the provisions for the development of this Law, in order to adapt to the new regulation of the placement agencies and to apply for the corresponding authorisation, in accordance with Article 21a of Law 56/2003, of 16 December, Employment. Once the deadline has been exceeded, companies or entities that do not have the said authorisation will not be able to continue to develop these activities.

Transient disposition eleventh. Transitional extension of the duration of work sites.

The maximum duration of six years referred to in the last paragraph of Article 5.2 of Royal Decree 290/2004 of 20 February, which regulates the labour enclaves as a measure to promote the employment of persons with disability, may be extended exceptionally until 31 December 2012.

In the framework of the Global Strategy of Action for the Employment of Persons with Disabilities, the Government may modify the duration of work sites.

Transient Disposition twelfth. Entry into force of the new limits for wage benefits in kind.

The wording given by this Law to Article 26.1 of the Workers ' Statute will also apply to employment contracts in force at the date of entry into force of the Staff Regulations, but only from that date.

Single repeal provision. Scope of regulatory repeal.

1. The following provisions are expressly repealed:

(a) Of Law 43/2006 of 29 December 2006 for the improvement of growth and employment, Article 2 (1) and (6), Article 3 and the third paragraph of Article 7.1.

(b) Law 27/2009 of 30 December on urgent measures for the maintenance and promotion of employment and the protection of unemployed persons, Article 5.

(c) Of Law 30/2007 of 30 October of Public Sector Contracts, the fifth additional provision, as of 1 April 2011.

d) Of Law 32/2010 of 5 August, establishing a specific system for the Protection of the Self-Employed Workers ' Activity, the Additional Disposition 13.

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

Final disposition first. Constitutional foundation.

This Law is dictated by the provisions of Article 149.1.7. and Article 149.1.17. of the Constitution, which attribute exclusive competence to the State on matters of labour law, without prejudice to its execution by the bodies of the Autonomous Communities, and of basic legislation and the economic system of social security, without prejudice to the execution of their services by the Autonomous Communities, respectively.

Final disposition second. Incorporation of European Union law.

By this Law, Directive 2008 /104/EC of the European Parliament and of the Council of 19 November 2008 on work through temporary work enterprises is incorporated into Spanish law.

Final disposition third. Powers of development.

1. The Government and the Minister of Labour and Immigration, in the field of their competences, will dictate the provisions necessary for the implementation of the provisions of this Law, after consultation with the business and trade union organizations. representative.

2. The Minister of Labour and Immigration is hereby authorised to adapt the methods of calculating the increase and maintenance of the employment referred to in Articles 10 and 11 of this Law in the light of the technical requirements of the IT systems. General Treasury for Social Security and Public Employment Services.

3. Before 31 December 2010, the Government shall, after consultation with the most representative trade union and business organisations and the Autonomous Communities, draw up the necessary arrangements for the development of the this Law on placement agencies.

addition, the government, after consultation with the most representative trade union and business organizations and with the Autonomous Communities, will set indicators for the effectiveness of the private placement agencies. These indicators will be evaluated every two years for the purposes of subscribing to possible collaboration agreements between Agencies and the Employment Services of the Autonomous Communities.

4. Prior to 31 December 2010, the Government will approve, after consultation with the most representative trade union and business organisations and the Autonomous Communities, a Royal Decree for the amendment of Royal Decree 43/1996, 19 January, for which the Regulation of the Procedures for the Regulation of Employment and Administrative Action in the Field of Collective Transfers is approved, in order to adapt it to the provisions of this Law, with particular attention to the content of the social monitoring of the cases of employment regulation as an instrument for encourage the relocation of the workers concerned and the improvement of their employability.

Final disposition fourth. Entry into force.

1. This Law shall enter into force on the day following that of its publication in the Official Gazette of the State.

2. The provisions on placement agencies laid down in Chapter IV of this Law shall not apply until the implementing rules referred to in the third subparagraph of paragraph 3 are in force.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 17 September 2010.

JOHN CARLOS R.

The President of Government,

JOSE LUIS RODRIGUEZ ZAPATERO