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 Spanish economy is suffering from the effects of the current economic crisis, which are being particularly significant in the labour market, as evidenced by the significant increase in unemployment and the high level of unemployment. job destruction that has occurred over the last year and, in a very special way, in the last few months.

The government has already taken numerous measures to deal with the economic crisis, both in its financial aspects, and in the effects it is having on the real economy and employment. These measures have been articulated in the Spanish Plan for the Stimulus of the Economy and Employment. The plan has four axes of action. Firstly, during the year 2009, to support the disposable income of the families, some 10 billion euros have been allocated in the form of a fiscal impulse and to support businesses, mainly SMEs, 6 billion euros are released through tax rebates and EUR 29 billion through the ICO's lines to facilitate their access to credit. Secondly, the plan introduces direct measures to boost job creation, including the Local Investment Fund, which has EUR 8 billion and the Special Fund for the Dynamisation of the Economy and Employment. with EUR 3 billion. Thirdly, the Plan sets out the actions which, in a coordinated manner with the countries of the European Union, have been adopted to provide liquidity to the financial system in the face of the current extraordinary circumstances of instability, and thus to help revive the credit channel to families and businesses. Finally, the plan also includes an ambitious reform agenda to modernize our economy, improve productivity and lay the foundations for the change of production model.

In this context of responses to the economic crisis, and in view of the seriousness of the situation on the labour market, it seems appropriate to continue to deepen the adoption of new measures, with a view to urgent, for the maintenance and generation of jobs and the protection of unemployed persons.

The government, first of all, is committed to increasing the budgetary allocations to the extent necessary to guarantee the right of unemployed workers to the recovery of unemployment benefits.

secondly, the Government and the Social Partners have analysed and assessed these measures in the context of the social dialogue and, although it has not been possible to reach agreement on these measures, there has been a coincidence in the need to be implemented as a matter of urgency.

II

The measures adopted in this law are structured in four chapters. Chapter I deals with two measures aimed at maintaining employment. Thus, Article 1 sets out a measure aimed at promoting the temporary regulation of employment rather than the extinction of contracts, by providing a bonus for the employer's contributions for social security contingencies by 50% in the case of the (a) those cases where economic, technical, organisational or production causes are brought to a temporary employment adjustment with a view to ensuring the continuity of the undertaking and the jobs, provided that the employer takes over the commitment to maintain employment for at least one year after the end of the suspension of contracts or reduction of working time.

The second measure contained in this first chapter amends the regulation of the special social security convention which is signed in the context of certain cases of employment regulation of undertakings which are not In order to achieve a double objective: on the one hand, to avoid the premature abandonment of the labour market of those workers who, at an advanced age, see their employment contracts extinguished through redundancies. In the case of the elderly workers, it is known that in the unfavourable economic situations the older workers are affected, in fact, to a greater degree. On the other hand, to improve the protection of these workers, by making it possible for the contributions made by the employer during the periods of work to be carried out during the duration of the special agreement to apply to the part of the a convention to be paid by the worker from the age of 60 and one year, encouraging the extension of working life and discouraging a premature exit from the labour market, with the loss of the retirement pension that this entails.

Chapter II contains two measures aimed at improving the social protection of workers. The first of these is to replace the unemployment benefit and the contribution to the Social Security of workers who have been suspended from their employment contract or reduced their working time by a record of employment regulation and, subsequently, the contract is terminated or suspended for economic, technical, organizational or production reasons. The aim is to also promote the maintenance of work contracts through temporary regulation files, thereby avoiding the destruction of jobs.

The second measure abolishes the one-month waiting period for the receipt of the unemployment benefit which has so far been applied in certain cases; periods of protection of unemployed workers are thus eliminated. affected.

Measures to encourage the employment of unemployed people are set out in Chapter III. Thus, Article 5 provides for a new measure designed to encourage the employer to recruit workers who are entitled to unemployment benefits indefinitely, as a measure of active employment policy, in order to ensure that they are not preference for purely passive policies. In this sense, the company which contracts an unemployed worker who receives unemployment benefits may be entitled to 100 per 100 of the business quota for common social security contingencies, up to the maximum of equivalent of the amount of the benefit to be paid to the date of entry into force of the contract, with a maximum duration of the three-year allowance. This measure will apply not only to those who receive contributory benefits, but also to the unemployed who receive the welfare allowance and the active income for insertion.

In addition, in this Chapter III, two measures are taken to promote the indefinitional part-time contracts, as well as the temporary temporary contracts of certain groups of difficult employability, encouraging the creation of a stable type of employment which in other European countries has very high rates, which are often associated with very high employment rates. To this end, Article 6 introduces two amendments to Law 43/2006 of 29 December 2006 for the improvement of growth and employment: the first of these amendments includes among workers whose recruitment may give rise to a bonus, if it is included among the collectives regulated in the employment promotion programme, to the claimant for better employment who, being a part-time worker with a very small working day-less than one third of the full-time working day-is employed in another company; the second measure involves an incentive for the partial-time contract in the face of the full-time contract.

Chapter IV aims to boost the employability of workers with disabilities, taking into account the significant impact that the current economic crisis is having on special employment centres and, therefore, on the prospects for the creation and in particular of the maintenance of the employment of workers with disabilities.

These measures are complemented by others included in the final part of the law. Firstly, the second additional provision, which provides for the delay in the implementation of the surplus of revenue which finances the contributory benefits and other expenditure necessary for its management, should be highlighted. resulting from the budgetary implementation for the financial year 2008. In the second place, certain amendments to the social security regulations are incorporated into the law, which aim to provide a solution to a variety of problems that have been raised in the system. In this sense, the social security framework of the statutory staff of the health services is regulated to carry out complementary private activities, so that, in the light of these activities, it falls under the special regime of Workers for the Own or Self-employed, avoiding, in view of the heterogeneity that may arise in these situations, that disparate social security framework solutions are established which, in turn, can lead to significant distortions in the provision of service and, as a result, in the professional competition itself.

On the other hand, the form of accreditation of the requirements established in order to the framing of the agricultural workers for own account in the so-called "Special System for Account Workers" is modified. "Agricultural", so that the time limit for such accreditation is extended, eliminating the possibility that an occasional variation in yields obtained by the person concerned may lead to the exclusion of such a special system.

On the other hand, the system of social security contributions is modified for self-employed workers who are dedicated to street sales in traditional markets, so that the specialties contained in the The effect of the Law of 23 December on the General Budget of the State for 2009 extends not only to the alleged incorporation of the interested in cooperatives, but also to the cases of individual sellers.

Finally, the final provision first enables the Government to extend the Extraordinary Plan of Guidance, Vocational Training and Employment Integration Measures adopted in April 2008, in order to provide a better service to the growing number of unemployed persons, in particular as regards vocational guidance to achieve a faster job integration.

CHAPTER I

Job Maintenance Measures

Article 1. Bonus on business listing to Social Security in the assumptions of temporary employment regulations.

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

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

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

Companies that have either extinguished or extinged by recognised or declared unfair dismissal or collective redundancy contracts to which the allowance provided for in this Article has been applied shall be excluded for a period of twelve months of the bonuses established in the Employment Promotion Programme under Law 43/2006 of 29 December 2006 for the improvement of growth and employment. This exclusion will affect a number of contracts equal to that of the extinctions produced. The period of exclusion shall be based on the recognition or declaration of the origin of the dismissal or of the extinction resulting from the collective dismissal.

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

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

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

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

7. This allowance for social security contributions shall be applied by employers on an automatic basis in the relevant contribution documents, without prejudice to their inspection and review by the Labour and Social Security Inspectorate, General Treasury for Social Security and the State Employment Service.

Article 2. Modification of the regulation of the special social security agreement to subscribe in certain employment regulation files, to encourage the activity of workers in them included.

The 33rd additional provision of the General Law on Social Security, recast text approved by Royal Legislative Decree 1/1994, of 20 June, is worded as follows:

" Additional 30th Disposition. Legal status of the special agreement to subscribe to certain employment regulation files.

1. In the special convention referred to in Article 51.15 of the recast of the Law on the Staff Regulations, the contributions shall cover the period from the date on which the cessation of work occurs or, where appropriate, in which the (a) the obligation to pay contributions for the termination of the contributory unemployment benefit, and the date on which the worker is 65 years of age, in accordance with the terms set out in the following paragraphs.

2. For this purpose, the contributions for the period concerned shall be determined by applying to the average of the employees ' contribution bases, in the last six months of the occupation, the rate of contribution provided for in the regulatory provisions of the special convention. The amount resulting shall be deducted from the contribution of the State Employment Service, which corresponds to the period in which the worker may be entitled to the unemployment benefit, where the person concerned is listed by the retirement contingency, calculating it based on the base and type applicable on the date of subscription of the special agreement.

Until the date of compliance by the worker of the age of 61 years, the contributions shall be borne by the employer and shall be entered into the General Treasury of Social Security, either at one time, within the month following the notification by the aforementioned Joint Service of the amount to be entered, either in a split manner guaranteeing the amount outstanding by means of solidarity or through the replacement of the employer in the performance of the an obligation on the part of a financial institution or insurer, prior to the consent of the General Treasury of the Social Security, in the terms established by the Ministry of Labour and Immigration.

From compliance by the worker of the age of 61 years the contributions to the special agreement will be obligatory and to his exclusive position, and must be entered, in the terms provided for in the regulatory regulations of the special convention, up to the age of 65 years or up to the date on which, where appropriate, it is entitled to an early retirement pension, without prejudice to paragraph 4.

3. In the event of the death of the worker or of the recognition of a permanent disability pension during the period of contribution corresponding to the employer, the employer shall be entitled to the refund of the quotas which, if appropriate, have been paid by the special convention for the period after the date of death or the recognition of the pension, on the basis of the annual regularisation and in the terms which are laid down in regulation.

4. If, during the period of contribution paid by the employer, the worker carries out any activity in respect of which contributions are made to the social security system, the shares corresponding to the activity carried out, up to the amount of the latter, shall apply to the payment of the special agreement during the period by the worker referred to in the last subparagraph of paragraph 2, in the terms which are determined and without prejudice to the employer's right to (a) the right to be returned to the territory of the Member State of the retirement pension.

5. The amendments referred to in paragraphs 3 and 4 shall bear the legal interest of the money in force on the date on which its causative event occurs, calculated from the moment it takes place until the proposal for payment.

To that effect, the fact that the refund is caused shall take place on the date of the death of the worker or on the date on which the worker has been permanently disabled for the purposes of paragraph 3, and in the date on which the worker would have caused a retirement pension, for the assumption provided for in paragraph 4.

6. As not provided for in the preceding paragraphs, this special agreement shall be governed by the provisions of the regulatory regulatory standards of the special convention in the social security system. "

CHAPTER II

Protection measures for unemployed people

Article 3. Replacement of the right to unemployment benefit.

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 against the termination of contracts, or the contract under Article 52.c of the Staff Regulations is terminated. Workers, recast text approved by Royal Legislative Decree 1/1995 of 24 March, 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 120 days, provided the following conditions are met:

(a) That the administrative or judicial decisions authorizing the suspensions or reductions of the day have occurred between 1 October 2008 and 31 December 2010, both inclusive;

(b) That the dismissal or administrative or judicial decision authorising the extinction occurs between 8 March 2009 and 31 December 2012.

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

(a) The right to unemployment benefit is resumed.

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

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

3. Where an undertaking is authorised under a file of employment regulation or insolvency proceedings to suspend employment contracts on an ongoing basis or not, or to reduce the number of days or hours of work, during which the employees are entitled to they have exhausted the unemployment benefit to which they were entitled, and are subsequently authorised by administrative decision in the case of employment regulation or by judicial decision in proceedings to reduce working time or suspension of contracts, workers affected by such authorisations which have not generated a new right to contributory benefit 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 the preceding suspension or reduction of day with a maximum limit of 90 days, provided that the following conditions are met:

(a) That the administrative or judicial decision that has authorized that previous suspension or reduction of the day has occurred between 1 October 2008 and 31 December 2010, both inclusive.

(b) That the administrative or judicial decision authorising the subsequent suspension or reduction of working hours occurs between 8 March 2009 and 31 December 2010.

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

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

5. If a worker has been a beneficiary of the replacement provided for in paragraph 3 of this Article, he shall not be entitled to the replacement referred to in paragraph 1.

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

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

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

Article 4. Removal of the waiting period to be eligible for unemployment benefit.

1. The unemployed who meet the requirements laid down in Article 215.1.1 and 215.1.3 of the recast text of the General Law on Social Security, approved by Royal Legislative Decree 1/1994 of 20 June, will not be required to be registered as jobseekers during the one-month waiting period, provided that the situations protected by the unemployment benefit are between 8 March 2009 and 31 December 2010.

2. In the cases referred to in this Article, in order to determine the requirement for a lack of income and, where appropriate, family responsibilities, the recognition of the right shall be deemed to be the date of the event causing the loss the protected situation.

The right to unemployment benefit shall be born from the day following that in which the event causing the benefit occurs, by exhaustion of the unemployment benefit, or return, or release from prison, or declaration of capacity or invalidity in degree of partial permanent incapacity, or exhaustion of the special allowance for over 45 years.

It will be necessary for the subsidy to be requested within 15 days of the dates mentioned above. The application shall require registration as a jobseeker within the same time limit if the application has not previously been made.

3. Article 215.3 of the General Law on Social Security, as regards the lack of family income and responsibilities, and Article 219.1, as regards the birth of the right, shall be applied in the foregoing paragraph.

CHAPTER III

Measures to promote employment

Article 5. Bonuses for the indefinite recruitment of workers benefiting from unemployment benefits.

1. Employers who contract indefinitely up to 31 December 2010 to unemployed workers who benefit from benefits or unemployment benefits covered by Title III of the recast of the General Law on Security Social, approved by Royal Legislative Decree 1/1994, of 20 June, or of the Active Income of Insertion, will be entitled to a 100 per 100 bonus in the business quota to the Social Security for common contingencies until the amount of the Allowance shall be equal to the gross amount of the benefit, allowance or income The active part of the insertion that he/she had to receive at the date of the start of the employment relationship, without in any case the bonus can exceed three years.

If the contract is part-time, the amount of the bonus will be reduced in proportion to the agreed time. If the contract is for discontinuous fixed jobs, the allowance will only apply to the worker's periods of occupation.

2. The overall amount of the allowance shall be fixed at the date of the start of the employment relationship and shall not be changed by the circumstances arising after that date, except where the agreed working day or the type of contract is varied, in which case it shall be apply to the employer as set out in the preceding paragraphs on the amount of the allowance to be enjoyed from that time.

The employer, for the purposes of calculating the duration of the bonuses, shall require the worker of a State Employment Public Service certificate on the amount of the unemployment benefit or allowance Insert to be received at the expected start date of the employment relationship.

3. In the case of unemployed beneficiaries of the contributory benefit, the worker must have received the benefit for at least three months at the time of the recruitment.

4. The beneficiary employer must maintain the employment stability of the employed person for at least one year from the date of the start of the employment relationship, in the event of non-compliance with this obligation to the reimbursement of the The amount of the aid granted, without prejudice to the application of the provisions of the Law on Infractions and Penalties in the Social Order, recast text approved by Royal Decree-Law 5/2000 of 4 August.

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

5. Without prejudice to the obligations laid down for workers in Article 231 of the recast text of the General Law on Social Security, adopted by Royal Decree-Law 1/1994 of 20 June 1994, the application of the proposed allowance in this Article shall require the consent of the unemployed worker, who shall be expressed in the contract of employment.

In any event, the benefit of the bonus for the employer shall not affect the worker's right to unemployment benefits which he or she has to receive at the time of the placement, which may be maintained in the case of a (a) contract on a part-time basis or recover in the future if it corresponds to the application of the legislation in force.

6. The bonus referred to in this Article shall be incompatible with any other provided for the same purpose. In the event that the hiring of a worker could lead to the application of other bonuses, only one of them may be applied, the option being for the beneficiary at the time of formalising the worker's discharge. in Social Security.

7. The contracts referred to in this Article shall be formalised in the official model provided by the State Public Employment Service.

8. The provisions of the Employment Promotion Programme set out in Section 1 of Chapter I of Law 43/2006 of 29 December 2006, with the exception of the provisions of the Employment Promotion Programme, as laid down in this Article, shall be applicable. Article 6.2.

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

10. This allowance for social security contributions shall be applied by employers on an automatic basis in the relevant contribution documents, without prejudice to their inspection and review by the Labour and Social Security Inspectorate, General Treasury for Social Security and the State Employment Service.

Article 6. Amendment of Law 43/2006 of 29 December for the improvement of growth and employment for the promotion of part-time contracts.

Law 43/2006 of 29 December 2006 for the improvement of growth and employment is amended as follows:

One. Article 1 (1) is worded as follows:

" 1. The present programme regulates the bonuses for indefinite recruitment, both full-time and part-time and including the discontinuous fixed mode, of unemployed workers registered in the Employment Office, including those who are working in another company on a part-time contract, provided that their working time is less than one third of the working day of a comparable full-time worker.

The bonuses for maintaining the employment of certain workers are also regulated. "

Two. Article 2 (7) is amended as follows:

" In all cases referred to in this Article, with the exception of those provided for in paragraph 3, where the indefinite or temporary contract is part-time, the bonus shall be applied to those provided for in each case. the percentage equal to that of the day agreed in the contract to which 30 percentage points are added, without in any case being able to exceed 100 per 100 of the estimated amount. "

CHAPTER IV

Extraordinary plan for the maintenance and promotion of the employment of workers with disabilities

Article 7. Amendment of Law 43/2006 of 29 December for the improvement of growth and employment in relation to the indefinite contracts of persons with disabilities.

1. New wording is given to Article 2 (3) of Law 43/2006 of 29 December 2006 for the improvement of growth and employment, which is read as follows:

" Notwithstanding the provisions of the previous paragraph, in the case of workers with disabilities, who meet the requirements referred to in the last paragraph of the contract, contracted by a special employment centre, by means of a contract In the case of an indefinite or temporary period, including the training contracts, the 100 per 100 of the business quota for Social Security, including those for accidents at work and occupational disease and joint collection fees, shall apply. The same allowance shall be enjoyed by the special centres of employment in the case of the conversion into indefinite of temporary contracts for the promotion of employment of persons with disabilities or of processing into indefinite contracts of fixed or temporary duration, including training for workers with disabilities. "

2. New wording is given to Article 6 (3) of Law 43/2006 of 29 December 2006 for the improvement of growth and employment, which is worded as follows:

" 3. In the case of recruitment with workers with disabilities, only the exclusions referred to in point (c) shall apply to them, if the prior contract has been for an indefinite period, and point (d) of paragraph 1, as well as that laid down in the paragraph 2.

However, the exclusion provided for in paragraph 1 (d) shall not apply in the case of the recruitment of disabled workers from special employment centres, both in respect of their employment and their incorporation into an ordinary undertaking, as in its possible return to the special centre of employment of provenance or another special centre of employment. This exclusion will also not apply in the case of incorporation to an ordinary company of workers with disabilities under the employment programme with support.

In any case, the exclusions referred to in points (c) and (d) shall not apply in the case of workers with special difficulties in their employment. For these purposes, such special difficulties shall be deemed to exist where the worker is included in any of the following groups:

a) People with cerebral palsy, people with mental illness or people with intellectual disabilities, with a recognized disability degree equal to or greater than 33 per 100.

b) Persons with physical or sensory disabilities, with a recognized disability degree equal to or greater than 65 per 100. "

Article 8. Transitional extension of the grants for the maintenance of employment in the special centres of employment.

1. The amount of aid for the maintenance of jobs in Special Employment Centres for the purpose of subsidising the wage cost for jobs occupied by persons with disabilities, as referred to in the Article 4.B) 2 of the Order of the Ministry of Labour and Social Affairs of 16 October 1998 laying down the regulatory bases for the granting of aid and public subsidies for the promotion of labour integration Disabled persons in special centres of employment and self-employment shall be 75 per 100 of the minimum wage interprofessional. In the case of part-time contracts, the grant shall be reduced in proportion to the working time taken.

2. The provisions of this Article shall apply for the period from 10 July 2009 to 31 December 2010.

In the case of workers with special difficulties for their job insertion, the period of validity will be extended from 10 July 2009 to 31 December 2011. For these purposes, such special difficulties shall be deemed to exist where the worker is included in any of the following groups:

a) People with cerebral palsy, people with mental illness or people with intellectual disabilities, with a recognized disability degree equal to or greater than 33 per 100.

b) Persons with physical or sensory disabilities, with a recognized disability degree equal to or greater than 65 per 100.

3. During the first half of 2011, the Government will present a report to the Congress of Deputies to assess whether or not to extend the grant for the maintenance of employment in special employment centres, within the framework of the Global Strategy of Action for the Employment of Persons with Disabilities.

Article 9. Report on the degree of compliance with the reserve quota and the alternative measures.

The government will present an annual report, before the Congress of Deputies, on the level of compliance with the reserve quota of the workforce in favor of workers with disabilities in companies of fifty or more workers, regulated by Law 13/1982 of 7 April 1982 on the social integration of the disabled and the proposed alternative measures.

Additional disposition first. Financing of bonuses in social security contributions.

The bonuses in the business contribution to Social Security, as provided for in this law, will be financed from the corresponding budget item of the State Employment Public Service.

Additional provision second. Surplus from the Social Security Reserve Fund.

The materialisation of surplus income which finances contributory benefits and other expenditure necessary for its management, resulting from the budget implementation for the financial year, is delayed. 2008.

Additional provision third. Evaluation of the current system of bonuses for recruitment and the new Employment Promotion Programme.

1. The Government, within the month following the entry into force of this Law, will send to the Congress of Deputies an evaluation report of the results of the system of bonuses to the contracting established in Law 43/2006, of December 29, for the improvement of growth and employment, for discussion in the Committee on Labour and Immigration.

2. Bearing in mind the results of this debate, the Government will, in the context of the social dialogue, promote the development of a new Employment Promotion Programme that will be implemented in 2010, which should be directed at least by the following: principles:

-The link to the current economic situation, employment and unemployment, in a way that supports indefinite employment.

-A better selection of the collectives whose recruitment is to be encouraged by being particularly affected by unemployment and to present greater problems of employability, as is the case for the long-term unemployed. young people and, particularly, people with disabilities.

-Favor that temporality does not pick up when economic recovery begins.

-Reducing the complexity of the current bonus system.

-A greater use of the system by small and medium-sized enterprises, by social economy enterprises and by self-employed workers who hire employees.

3. The new Employment Promotion Programme applicable in 2010 should be evaluated in the context of the social dialogue and in the parliamentary seat, with the participation of the competent Sectoral Conference, to decide on the reforms that will result. necessary to adapt it to the economic and employment situation expected from 2011.

Additional provision fourth. Companies engaged in work intermediation.

Within a period of no more than four months and within the framework of the social dialogue, the Government will carry out the necessary actions to:

1. To transpose Directive 2008 /104/EC of the European Parliament and of the Council of 19 November 2008 on work through temporary work enterprises, taking into account the following issues:

(a) The review of restrictions on the use of temporary work enterprises, with the opinion of the trade union and business organisations in the sectors concerned.

(b) The working conditions and employment of contract workers to be made available by temporary work enterprises, including the principle of equal treatment, access to employment, facilities and services. vocational training, the representation of workers transferred by temporary work enterprises and information to workers ' representatives.

2. To regulate the activity of companies involved in the relocation of workers affected by job-regulation files.

Additional provision fifth. Amendment of Law No 20/2007 of 11 July of the Statute of an autonomous work.

A second paragraph is added to the 10th additional provision of Law 20/2007 of 11 July of the Statute of the Self-employment, with the following literal wording:

" The same treatment will be given to children who, even if they are over 30 years old, have special difficulties for their job insertion. For these purposes, such special difficulties shall be deemed to exist where the worker is included in any of the following groups:

a) People with cerebral palsy, people with mental illness or people with intellectual disabilities, with a recognized disability degree equal to or greater than 33 per 100.

b) Persons with physical or sensory disabilities, with a recognized disability degree equal to or greater than 65 per 100. "

Additional provision sixth. Measures to promote employment for self-employed work.

The government will carry out the necessary actions to ensure that the social protection measures not linked to the contributory protection system, and those promoting employment that are carried out for the employees are extensible to self-employed workers who have ceased their activity and do not have sources of income.

Additional provision seventh. Promoting the employment of young people.

The government will present, within 4 months, a study on:

-Non-working practices and their current regulation, affecting aspects such as the degree of compliance with their training purpose and the fraudulent use of this formula to cover jobs.

-Work contracts in practice and for training, the evolution of their use, problems identified and useful for the employment integration of young people.

In view of the results of this study, the Government will, within the framework of the Social Dialogue, consider the revision of the legal framework for the incorporation of young people into the labour market.

This review will provide for the need to reinstate young people who have not completed the compulsory studies with the training activity.

Additional disposition octave. Resources not spent on continuous training.

The government will prepare a report, as soon as possible, after consultation with the social partners, with proposals on the fate of unspent resources in the continuing training programmes for the social partners. each annuity.

Additional provision ninth. Training of foreign workers.

The Government will promote, in coordination with the Autonomous Communities, active occupation policies aimed at the training of foreign workers in unemployment, promoting knowledge of languages recognized officers in the Autonomous Community in which they reside.

Additional provision 10th. Regulation of active employment policies.

The government will evaluate active policies and make proposals to increase their efficiency, promoting greater compliance with the specific needs of the Autonomous Communities and greater coordination. interadministrative.

Additional provision eleventh. Fight against illegal and fraudulent practices in labor intermediation.

The government, in the context of the social dialogue, will analyse the performance of the service companies whose real activity is the hiring of workers to give them to third companies and, according to the results of the analysis, will take steps to prevent illegal and fraudulent practices.

Additional disposition twelfth. Amendment of the regulation of the system of insertion companies.

1. New wording is given to Article 15 (3) of Law 44/2007, of 13 December, for the regulation of the system of undertakings for insertion, which is worded as follows:

" Workers who, in the immediately preceding two years, have provided services, in the same or different insertion company, may not be hired by means of a contract of employment, including the Article 3, except that, in the event of failure in a previous process of insertion or in the case of relapse in situations of exclusion, the contrary is considered by the competent Public Social Service in the light of the personal circumstances of the worker. "

2. New wording is given to Article 10 (3) (b) of Law 44/2007, which is worded as follows:

"(b) To certify, prior to the conclusion of the contract, whether the worker, in the two years prior to the hiring to be performed, has provided services in the same or different insertion company."

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

Article 7 (e) is amended, being worded as follows:

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

When the contract of work is extinguished prior to the act of conciliation, severance payments shall be exempt which do not exceed what would have been the case if the contract had been declared (i) not to deal with extinctions by mutual agreement in the framework of schemes or collective schemes for low incentives.

Subject to the provisions of the preceding paragraphs, in the case of dismissal or termination of employment regulation files, dealt with in accordance with the provisions of Article 51 of the Staff Regulations. Workers and after approval by the competent authority, or produced by the causes provided for in Article 52 (c) of the Staff Regulations, provided that, in both cases, they are due to economic, technical, organisational, production or force majeure shall be exempt from the part of the compensation received which does not exceed the limits laid down in the abovementioned Staff Regulations for unfair dismissal. '

Additional disposition fourteenth. Continued training in enterprises with less than 100 employees.

The Government, in collaboration with the Autonomous Communities, will promote a programme of dissemination to companies of less than 100 employees of the available continuing training resources.

The Government will also establish, within three months, an abbreviated administrative procedure for access to the continuing training funds of companies with less than 100 employees.

Additional provision 15th. Social Security Framework of the statutory staff of Health Services to carry out complementary private activities.

Persons falling within the scope of the Statutory Staff Regulations of Health Services, approved by Law 55/2003, of 16 December, providing services, full time, in the services of the health of the different Autonomous Communities or in the dependent centres of the National Institute of Health Management, and which, in addition, carry out complementary private activities, for which they must be included in the social security system, are covered by these last activities in the Special Workers ' Regime by Own or Autonomy Account.

In order to complete the above obligation, in the case of collegiate professionals referred to in the additional 15th of Law 30/1995, of 8 November, of supervision and management of private insurance, they may choose to apply for the discharge in that special scheme or to join the corresponding alternative mutual benefit of those provided for in the additional provision of Law No 30/1995 of 8 November 1995 on supervision and private insurance management.

Additional provision sixteenth. Measures related to the framing and social security contributions of certain groups.

Article 2 (1) of Law 18/2007 is amended, of 4 July, which provides for the integration of the self-employed of the Special Agrarian System of Social Security into the Special Regime of the Social security of the Workers for Own or Autonomous Account, which is worded in the following terms:

" 1. It is established, within the Special Regime of the Workers for Own or Autonomous Account, and with effect from January 1, 2008, the Special System for Workers of Own Agricultural Account, in which the workers will be included Agricultural own account, over 18 years of age, meeting the following requirements:

(a) To be holders of an agricultural holding and to obtain, at least, 50 per 100 of their total income from the carrying out of agricultural or other supplementary activities, provided that the part of the income directly comes from the agricultural activity carried out on their holding is not less than 25 per 100 of their total income and the working time spent on or complementary to agricultural activities is more than half of their total working time.

(b) The net annual income obtained from the agricultural holding for each holder of the holding does not exceed the amount equal to 75 per 100 of the amount, in annual calculation, of the maximum basis of contribution to the General Regime of the Social Security in force in the financial year in which it is checked.

(c) the carrying out of agricultural work in a personal and direct manner in such agricultural holdings, even if they occupy employed persons, provided that they are not more than two fixed workers or, if they are workers with a fixed-term contract of employment, that the total number of employees satisfied with any agricultural activity does not exceed 546 in one year, calculated on a date-to-date basis.

The limitations on the hiring of employed persons referred to in the preceding paragraph are applicable for each agricultural holding. Where there are two or more holders on the holding in the agricultural holding, all of them in the Special Scheme for the Self-Employed or Self-Employed shall be added to the number of workers or employees referred to in the preceding paragraph. fixed worker, or 273 wages per year, in the case of casual workers, for each holder of the agricultural holding, excluding the former.

To determine compliance with the requirements set out in points (a) and (b), the simple average of the total income and net annual returns of the three financial years may be taken into account. immediately preceding the one in which the check is made. "

Additional 17th disposition. Social security applicable to the working partners of certain Cooperatives.

Paragraph 2 of the fourth additional provision of the General Law on Social Security is amended, which is worded as follows:

" 2. The workers ' partners of the Community's cooperatives for the exploitation of the land and the working partners referred to in Article 13.4 of Law 27/1999 of 16 July of Cooperatives for the purposes of social security shall be treated as employees, without prejudice to the provisions of the following paragraphs.

The cooperatives which, under the transitional provision seventh of Law 3/1987, of 2 April, General of Cooperatives, chose to maintain the assimilation of their working partners to self-employed workers, for the purposes of Social security shall retain that right of choice in the terms set out in paragraph 1 of this provision.

However, if after the date of entry into force of this law, the cooperative will modify the framework of the framework of its work partners, for incorporation as employed persons, in the system that corresponds, you cannot exercise the right of option again. "

18th additional disposition. Quotation of the persons engaged in the street sale.

One. A new point 9, in Article 120 (4) of the Law of 23 December 2009 on State General Budget 2009, is added in the following terms:

" 9. The provisions of the second subparagraph of point 8 above shall apply to persons who are engaged on an individual basis for the sale on the street, for a maximum of three days a week, in traditional markets or 'markets' with a timetable of for a sale of less than eight hours a day, provided that they do not have their own fixed establishment, or produce the goods or products they sell. '

Two. The working partners of the Associate Labour Cooperatives engaged in the street sale which, before 31 December 2008, came under the General Regime and who, by reason of the provisions of point 8 (4) of the Article 120 of the Law of 23 December of 23 December 2009 on the General Budget of the State, which, for the purposes of Social Security, is included in the Special Regime of Workers for the Account of Own or Autonomous Communities, shall be entitled to a 50 per 100 reduction of the fee to be entered.

The reduction shall be applied to the quota to be applied on the basis of the minimum basis chosen, in accordance with the provisions of point 8 (4) of Article 120, the rate of contribution in force in the Special Scheme. For Own or Self-Employed Workers.

The reduction of quotas regulated in this paragraph will have effects in relation to the quotas that have become due during the year 2009.

First transient disposition. Contracts prior to the entry into force of this Act.

The employment contracts, as well as the bonuses applicable to them, which would have been concluded prior to the entry into force of this Law, will continue to be governed by the rules in force at the time of their concertation, without prejudice to the provisions of Article 1.

Second transient disposition. Bonuses applicable to fees due prior to 8 March 2009.

For the purposes of Article 1 of this Law, the quota allowances corresponding to the periods entered from 1 October 2008 to 8 March 2009 shall be paid to the companies receiving the On request, before the General Treasury of Social Security, the corresponding refund of quotas.

Transitional provision third. Tax treatment of compensation payments from the Employment Regulation Expedients.

The amendment of Article 7 (e) of Law 35/2006 of 28 November of the Tax on the Income of the Physical Persons and the partial modification of the laws of the Taxes on Societies, on the Income of Residents and on the Heritage, contained in the additional provision thirteenth of this Law, will apply to the dismissals derived from the files of regulation of employment approved from the entry into force of the Royal Decree-Law 2/2009 of 6 March, as well as the redundancies produced by the causes provided for in point (c) of the Article 52 of the Staff Regulations from the same date.

Single repeal provision. Regulatory repeal.

All provisions of equal or lower rank shall be repealed as opposed to the provisions of this Law.

Final disposition first. Enabling the Government to approve the extension of the Extraordinary Plan for Guidance, Vocational Training and Employment Integration, approved by the Council of Ministers Agreement of 18 April 2008.

The Government is authorised to approve, by agreement of the Council of Ministers, the extension, for two years, of the Extraordinary Plan of measures for guidance, vocational training and labour insertion, approved by Agreement of the Council of Ministers of 18 April 2008, which is exclusively related to the measure of the recruitment of 1,500 orientators for the strengthening of the network of employment offices. 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.

Final disposition second. Powers of development.

The Government and the Minister of Labour and Immigration, in the field of their competences, will dictate the necessary provisions for the development and implementation of the provisions of this Law, after consulting the organizations. more representative business and trade unions.

Final disposition third. Assessment of the measures set out in this Law.

The government will assess the functioning of the various measures set out in this Law.

In view of the results of the quarterly evaluations carried out, and depending on the evolution of employment, the Government, after consultation with the most representative employers ' and trade union organisations, may establish the extension of the validity of any of the measures provided for in this Law, to ensure that the objectives pursued are met.

Final disposition fourth. Amendment of Law 3/2009 of 3 April on structural modifications of commercial companies.

It is introduced in Law 3/2009, of April 3, on structural modifications of the mercantile societies, a new additional provision third with the following wording:

" Additional provision third. Arrangements applicable to merger, division and global or partial transfer of assets and liabilities between credit institutions.

1. Merger operations between credit institutions of the same nature, as well as those for the division and the global transfer of assets and liabilities between credit institutions of the same or different nature shall be governed by the rules laid down for such credit institutions. transactions in this law, without prejudice to the provisions of the specific legislation applicable to these entities.

2. Where the transaction consists in the transfer by universal succession of one or more parts of the assets of a credit institution, whatever their nature, forming an economic unit, to another credit institution of equal or different In exchange for a consideration which does not consist of shares, units or shares of the transferee entity, the arrangements for the global transfer of assets and liabilities provided for in Articles 85 to 91 of the this law, without prejudice to the provisions of its specific legislation. "

Final disposition fifth. Entry into force.

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

Therefore,

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

Madrid, 30 December 2009.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO