I

The Spanish economy is suffering the effects of the current economic crisis, being particularly significant in the labour market as evidenced by the significant increase in unemployment and the destruction of jobs. has produced over the last year, and in a very special way in recent 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. First of all, in 2009, to support the disposable income of families, some 10 billion euros have been earmarked in the form of a fiscal boost 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 thereby help to reactivate 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 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 them, there has been a coincidence in the need to be implemented as a matter of urgency.

II

The measures taken in this royal decree-law are structured in three 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 working age see their employment contracts extinguished through redundancies. (i) collective agreements, since it is well known that in unfavourable economic situations older workers are they are in fact affected 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.

To conclude, Chapter III provides for measures to encourage the employment of unemployed persons. Thus, Article 5 provides for a new measure designed to provide incentives for the employer to recruit workers who benefit from unemployment benefits indefinitely as a measure of the active employment policy of the Member States. preference for purely passive policies. In this sense, the company that contracts an unemployed worker who receives unemployment benefits will be able to earn 100 percent of the business share for common social security contingencies, up to the maximum of the 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 indefinite part-time contracts, as a type of contract which, for its stability, for the advantages it offers in the face of a better conciliation of the working and family life and for a more suitable organisation of work can be particularly attractive for workers and employers, favouring the creation of a stable type of employment which in other European countries has very high rates of employment. 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.

These measures are complemented by others included in the final part of the actual decree-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. Second, 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 better service to the Government. increasing numbers of unemployed persons, in particular as regards vocational guidance to achieve a more rapid job integration.

III

In the whole and in each of the measures that are adopted, the nature and purpose of these measures are met, the circumstance of extraordinary and urgent need that Article 86 of the Constitution requires as a budget of the royal decree-law.

Effectively, the extent and depth of the repercussions that the global economic crisis is having on the employment situation in Spain, the increase in the number of unemployed workers, the increase in public spending In order to address their protection, the current difficulties for their early entry into the labour market are an extraordinary situation which calls for the immediate implementation of measures to prevent and mitigate these effects, both from the the perspective of each potential beneficiary as from that of the collective effort it represents for the whole of society the way out of the current crisis. This is ultimately a measure whose adoption is indefable.

In its virtue, in use of the authorization granted in article 86 of the Constitution, on the proposal of the Minister of Labor and Immigration, after deliberation of the Council of Ministers at its meeting of the day of March 6, 2009,

DISPONGO:

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% reduction in the business quotas to the Social Security for common contingencies due to the workers in situations of suspension of contract 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 applied bonuses, without prejudice to the application of the provisions of the Law of Infractions and Sanctions in the Social Order, recast text approved by Royal Legislative Decree 5/2000, 4 August.

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

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 (a) to be able to exceed 100% of the business quota for 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 2009.

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. To this end, the contributions for the said period shall be determined by applying to the average of the employees ' contribution bases in the last six months of the occupation listed the type of contribution provided for in the regulatory rules of the convention. special. 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 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, and subsequently be authorised by administrative decision in the case of an employment regulation or a judicial decision in proceedings to terminate the termination of contracts, or to terminate the contract under Article 52 (c) of the Staff Regulations, recast text approved by Royal Decree Legislative 1/1995 of 24 March, the workers affected will have the right 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 under those authorisations with a maximum limit of 120 days, provided that the following conditions are met:

(a) that the administrative or judicial decision authorising the suspension or reduction of the day has occurred between 1 October 2008 and 31 December 2009, both inclusive;

(b) that the dismissal or administrative or judicial decision authorising the extinction occurs between the date of entry into force of this royal decree-law and 31 December 2011.

2. 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 which has authorised that previous suspension or reduction of working time has occurred between 1 October 2008 and 31 December 2009, both inclusive;

(b) that the administrative or judicial decision authorising the subsequent suspension or reduction of the day occurs between the date of entry into force of this royal decree-law and 31 December 2009.

3. 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.

4. If a worker has been a beneficiary of the replacement provided for in paragraph 2 of this Article, he shall not be entitled to the replacement referred to in paragraph 1.

5. 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.

6. 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 allowance occur between the date of entry into force of this royal decree-law and 31 December 2009.

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 until 31 December 2009 to unemployed workers benefiting from benefits or unemployment benefits covered by Title III of the recast text of the General Law on Security Social, approved by Royal Legislative Decree 1/1994, of June 20, or of the Active Income of Insertion, will be entitled to a 100 percent bonus in the business quota to the Social Security for common contingencies until the amount of the allowance reaches an amount 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 or recognised as having been made, by resignation, death, retirement or permanent total incapacity, absolute or grand invalidity of the worker.

5. Without prejudice to the obligations laid down for workers in Article 231 of the recast 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:

" 7. In all cases referred to in this Article, with the exception of those referred to in paragraph 3, where the indefinite or temporary contract is part-time, the bonus shall be applied to those provided for in each case equal to the percentage of the the day agreed in the contract increased by 30 per 100, without in any case being able to exceed one hundred percent of the intended amount. "

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

The bonuses in the business contribution to Social Security, provided for in this royal decree 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.

First transient disposition. Contracts prior to the entry into force of this royal decree-law.

The contracts of employment, as well as the bonuses applicable to them, which would have been concluded before the entry into force of this royal decree-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 payable prior to the entry into force of this royal decree-law.

For the purposes of Article 1 of this royal decree-law, the allowance of quotas for periods entered from the date of the effects of this rule until the entry into force of this royal Decree-law will be paid to the companies benefiting from the same prior application to the General Treasury of the Social Security of the corresponding refund of quotas.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they are opposed to what is foreseen in the actual decree-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 means of a Council of Ministers Agreement, the extension, for two years, of the Extraordinary Plan of Measures for Guidance, Vocational Training and Employment Integration, approved by Agreement. of the Council of Ministers of 18 April 2008, which was exclusively concerned with the recruitment of 1,500 trainers 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 royal decree, after consulting the more representative business and trade union organisations.

Final disposition third. Assessment of the measures set out in the royal decree-law.

The government will assess before 31 December 2009 the operation of the various measures set out in this royal decree.

In the light of the results of the quarterly evaluations carried out, and in light of the evolution that the employment experienced during the year 2009, the government, after consulting with the business and trade unions more representative, may establish the extension for one year more than the validity of any of the measures provided for in this royal decree-law, as well as its modification, in order to ensure that the objectives pursued are met.

Final disposition fourth. Entry into force.

This royal decree-law shall enter into force on the day following that of its publication in the "Official Gazette of the State", except as provided for in Articles 1 and 3, which shall enter into force in accordance with the provisions laid down therein.

Given in Madrid, on March 6, 2009.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO