JOHN CARLOS I

KING OF SPAIN

To all who present it and understand,

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

EXPLANATORY STATEMENT

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seriousness of the economic situation and its impact on the labour market gives priority to the need to undertake, in a determined and urgent manner, the reform of industrial relations with the aim of combating unemployment. and strengthen our capacity for generating employment.

The government, convinced that the policies to be adopted to achieve these objectives require profound structural changes and the solidarity effort of all the agents involved in its adoption and implementation, social agents for the consensual search for solutions, which in advance knew that they would not be easy but if urgent application.

It is impossible to ignore that in order to recover the path of economic growth and improve the competitiveness of companies, as a necessary basis for the maintenance and creation of jobs, together with measures of a strictly It is necessary to address the reform of the framework for industrial relations, in order to safeguard the necessary balance of those who lead them, to enable permanent adaptability to the changing circumstances of the production processes and technological innovations.

Although the objectives pursued with the reform are comprehensive and require a thorough modification of the Workers ' Statute, some of the measures proposed in this context, aimed at optimising the possibilities of In order to promote the employment of young people without specific vocational training or without work experience or to enable the work of a greater number of people, they demanded that their adoption be brought forward by a Royal Decree-Law. only for reasons of urgency, but also in order not to leave open a framework of expectations and a transitional framework for recruitment which would have an adverse impact on employment.

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In this sense, the present rule is intended to:

(a) Improving public employment services, giving priority to their effectiveness over useless bureaucratic burdens which in no way improve their intermediation in the labour market, but prevent them from directing their activity towards the groups which really need your intervention to ensure equal opportunities in the right of access to work. As a result, the employer's obligation to recruit through the National Employment Institute is eliminated when what is required of it does not consist in the search for the appropriate worker, but in the simple finding of the previously elected by the employer, as it happened in more than 90 per 100 of the cases over the last year. However, the employer's subsequent obligation to register work contracts or to notify the contract of employment to the National Employment Institute (INEM) is maintained for the purposes of the necessary knowledge of the labour market.

Equally, and taking into account that public employment services cannot cover the totality of the increasingly complex and diversified job vacancies, the appropriate response of which requires the highest degree of specialisation and (i) the establishment of a temporary agency for the purpose of providing for the establishment of a temporary agency for the provision of services for the purposes of the provision of services, and the provision of services for the purposes of the provision of services; Draft law prepared by the government, will make the labor market more transparent and operational.

(b) Facilitating the employment integration of young people, whose lack of specific training or work experience is always the most serious obstacle to their access to employment, stressed when high unemployment rates allow for a wide choice between more profitable labour.

Contract figures such as the traineeship or apprenticeship contract, which adequately combine effective work and training and value in their fair terms the consideration given by the parties, are called to give immediate response to the unemployment of young people, who represent more than one third of the population, and to become a permanent instrument for the integration of young people and the training of human resources without the appropriate Our companies will never be competitive.

(c) To convert part-time work, as is the case in the countries of our environment, in a factor that favours the increase in occupancy rates, by allowing, by means of the annual calculation of the day, to adapt the (a) the organisation of the work of undertakings to the productive needs, as well as to the personal or family circumstances of the worker, assessing those activities which, for their limited duration, must be regarded as marginal and non-constitutive fundamental means of life.

(d) Orientate future employment promotion programmes with the aim of promoting job creation in small enterprises and the occupation of recipients of unemployment benefits, making them more effective active policies.

(e) Finally, the Law allows for the extension of temporary employment promotion contracts for eighteen months, the maximum duration of which expires between 1 January and 31 December 1994, the period during which, No such measure is taken, it is estimated that the business decision may not be likely to be used for the maintenance of employment.

CHAPTER I

From the placement

Article 1. Income to work.

1. Employers are obliged, within 10 days of their consultation, to register with the Public Employment Office the contracts to be concluded in writing or to communicate, in the same period, the contracts made, even if they do not there is a legal obligation to formalise them in writing.

2. The existence of placement agencies for profit is prohibited. The Public Employment Service may authorise, subject to the conditions laid down in the relevant cooperation agreement and prior to the report of the General Council of the National Institute of Employment, the existence of non-profit-making agencies. (a) a profit, provided that the remuneration received from the employer or the worker is limited solely to the costs incurred for the services provided. Such agencies must ensure, in their field of action, the principle of equal access to employment, not being able to establish discrimination based on reasons of race, sex, age, marital status, religion, political opinion, affiliation trade union, origin, social status and language within the State.

Article 2. Cession of workers.

1. The hiring of workers to temporarily cede to another company may only be carried out through temporary work companies duly authorized in the terms that are legally established.

2. Employers, transferors and transferee, who infringe the provisions of the previous paragraph, shall be jointly and severally liable for their obligations to workers and to social security, without prejudice to other responsibilities, including criminal proceedings, which are carried out by those acts.

3. Workers subject to prohibited traffic shall have the right to acquire the condition of fixed, at their choice, in the transferring or transferee undertaking. The rights and obligations of the worker in the transferee undertaking shall be those which correspond under ordinary conditions to a worker who provides services in the same or equivalent job, but the age shall be counted from the start of the illegal transfer.

CHAPTER II

From Hiring

Article 3. Training contracts.

1. The contract of work in practice may be concluded with those in possession of a university degree or professional training of a medium or higher degree, or officially recognised as equivalent qualifications, which they enable for the financial year professional, within four years immediately following the completion of the corresponding studies, according to the following rules:

(a) The job must be able to obtain the appropriate professional practice at the level of studies.

(b) The duration of the contract may not be less than six months or exceed two years, within the limits of which collective agreements at sectoral level may determine the duration of the contract, taking into account the characteristics of the contract. of the sector and the practices to be carried out.

(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.

(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 two months for the purposes of the contract. contracts in practices concluded with workers who are in possession of a higher degree.

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 is incorporated without a continuity solution to the company, a new probationary period cannot be arranged, the duration of the practices for the purpose of seniority in the company.

2. The learning contract shall aim at the acquisition of the theoretical and practical training necessary for the proper performance of a qualified trade or job and shall be governed by the following rules:

(a) It may be concluded with workers aged 16 and over and under 25 years of age who do not have the required qualification to formalise a contract. The maximum age limit shall not apply when the contract is made with a disabled worker.

(b) The maximum number of apprentices that firms may contract on the basis of their staff will be determined.

(c) The duration of the contract may not be less than six months or exceed three years, unless by collective agreement at sectoral level different durations are fixed, taking into account the specificities of the sector and the job to play.

(d) The maximum duration of the apprenticeship contract is expirated, no worker may be hired under this mode by the same or different company.

No apprenticeship contracts may be concluded for the purpose 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 should be alternated with those of effective work, or concentrate on the terms to be set out in the relevant collective agreement or, failing that, in the contract of employment, without the overall time corresponding to that time may be less than 15 per 100 of the maximum working time provided for in collective agreement.

When the apprentice has not completed the educational cycles included in the compulsory education, the theoretical training will have an immediate objective to complete this education.

The effective work of the worker in the enterprise must be related to the tasks of the occupational level or trade object of the apprenticeship.

The requirement of theoretical training shall be understood when the trainee accredits, by means of certification by the competent public administration, that he has completed an occupational vocational training course appropriate to the trade or job object of learning. In this case, the remuneration of the worker shall be increased in proportion to the time not devoted to theoretical training.

Companies which fail to fulfil their obligations in relation to theoretical training must pay the worker, in the form of compensation, an amount equal to the difference between the salary received by the worker, the time of theoretical training agreed in the contract, and the minimum inter-professional salary or the collective agreement or agreement, without prejudice to the penalty which is applicable in accordance with Article 7 (5) of Law 8/1988, 7 of April, of Infractions and Sanctions in the social order.

(f) The remuneration of the apprentice shall be that fixed in collective agreement, without, failing that, it may be less than 70, 80 or 90 per 100 of the minimum inter-professional salary during, respectively, the first, the second or the the third year of the term of the contract, except as otherwise provided for in accordance with the time spent on theoretical training. However, the remuneration of apprentices under the age of 18 may not be less than 85 per 100 of the minimum inter-professional salary corresponding to their age.

g) The social protection of the apprentice shall include only the contingencies of accidents at work and occupational diseases, health care for common contingencies, economic performance corresponding to rest periods for maternity, pensions and the Guarantee Fund.

(h) In the case of incorporation of the data subject into the company without a continuity solution, this article shall be as set out in paragraph 1 (f).

Article 4. Part-time contract and replacement contract.

1. A worker shall be deemed to be engaged on a part-time basis when he provides services for a number of hours per day, a week, a month or a year, which is less than that in the activity in question in those periods of time.

2. The part-time contract may be concluded for an indefinite period or for a fixed period in the cases provided for in Article 15 of Law 8/1980 of 10 March of the Staff Regulations.

The part-time contract shall be deemed to be concluded for an indefinite period of time when it is designed to carry out fixed and periodic works within the normal volume of business of the undertaking. Those who provide services in works that have the character of discontinuous fixed and are not repeated on certain dates shall be called in the order and the form to be determined in the respective collective agreements, and the worker may, in case of failure to comply, to claim in dismissal proceedings before the competent jurisdiction, the time limit for this is being initiated from the moment of knowledge of the failure to convene.

3. The basis for social security contributions and other contributions to be collected together with the Social Security contribution shall be the remuneration actually paid on the basis of the hours worked.

In the case of workers whose effective provision of services is less than 12 hours per week or forty-eight per month, social protection rights shall include only the contingencies of accidents at work and occupational diseases, health care for common contingencies and the Guarantee Fund and the economic benefit for periods of maternity leave.

For the purposes of determining the periods of contribution and the calculation of the social security benefits regulatory base, including that of unemployment protection, the hours or days shall be calculated ex-passively. worked. The form of calculation of the required trading days, as well as of the periods in which they are to be included, shall be determined.

They will have the consideration of overtime to all the effects, including those of Social Security, every hour of work that is carried out on the ordinary working day in the contract part-time.

4. In addition, it shall be understood as a part-time contract that is concluded by the worker who is aware of his undertaking, under the conditions laid down in this Article, a reduction in the working day and his salary of 50 per 100, when meet the general conditions required to be entitled to the contributory pension for the retirement of social security, with the exception of age, which shall be less than three years, at most, to that required. In order to be able to carry out this contract, the company will simultaneously enter into a contract of employment with another unemployed worker and will be obliged to keep cover, at least, the working day replaced until the date of retirement provided for in the following paragraph. The contract of employment for which the day left vacant by the worker who reduces his working day shall be referred to as a replacement contract.

The execution of a part-time work contract referred to in this paragraph and its remuneration shall be compatible with the pension that the Social Security recognizes the worker until he or she meets the age set The social security system is a general system for the right to a retirement pension, and the employment relationship is extinguished when it reaches that age.

Article 5. Promotion of employment.

1. Programmes shall be established to encourage the recruitment of workers in receipt of unemployment benefits by small firms. Annually, the General Budget Law of the State will determine the programs and collectives of recipients for unemployment to be used.

It is expressly excluded from the hiring carried out by the spouse or relatives by consanguinity or affinity, to the second degree inclusive, of the employer or those who hold office or are members of the the administrative bodies of undertakings which review the legal form of a company, as well as those which take place with the latter.

2. The National Employment Institute will promote the holding of concerts with public administrations and non-profit entities so that the recipients of unemployment benefits will provide services of social benefit to the benefit of the community.

Such services will have the consideration of works of social collaboration, for the purposes of the provisions of Law 31/1984, of August 2, of protection for unemployment, and their benefit will not imply the existence of employment relationship between the unemployed person and the institution with which they are entitled, while maintaining the worker the right to receive the benefit or the unemployment allowance corresponding to him.

Additional disposition first. Promotion of the indefinite recruitment of contracts in practice and learning.

The benefits and conditions laid down in Law 22/1992, of 30 July, of urgent measures on the promotion of employment and unemployment protection, for the indefinite transformation of contracts into practices and for the training, will apply to the conversion of the training contracts covered by Article 3 of this Law into indefinite conversion.

Additional provision second. Training contracts concluded with disabled workers.

1. Firms which enter into full-time employment contracts with disabled workers will be entitled to a reduction, for the duration of the contract, of 50 per 100 of the business share of the Social Security corresponding to the Common contingencies.

2. Disabled workers engaged in apprenticeship will not be counted in order to determine the maximum number of apprentices that firms can recruit on the basis of their workforce.

3. Companies which enter into apprenticeship contracts with disabled workers will be entitled to a reduction of 50 per 100 in the Social Security business quotas provided for in the apprenticeship contracts.

4. The specific characteristics of the training contracts laid down in Article 7 of Royal Decree 1368/1985 of 17 July 1985 governing the special employment relationship of disabled persons working in the special centres of employment, continue to apply to the apprenticeship contracts to be concluded with those disabled workers.

5. The beneficiaries of the non-contributory invalidity pension, as provided for in Law 26/1990 of 20 December 1990, who are employed as apprentices, will automatically recover that pension when the contract is terminated, to which effect it will not be accounts for the annual calculation of their income which they would have received by virtue of their work as apprentices.

Additional provision third. Extension of temporary employment promotion contracts.

Temporary employment promotion contracts concluded under Royal Decree 1989/1984 of 17 October 1984 regulating temporary employment as a measure to promote employment, the maximum duration of which expires in three years. between 1 January and 31 December 1994, may be the subject of two extensions up to a maximum of 18 months.

Additional provision fourth. Repertoire of Professional Certifications.

The Government, for the purposes of better implementation of the apprenticeship contract, will, within a maximum of one year, approve the Directory of Professional Certifications and regulate the correspondences or convalidations of the knowledge acquired in the work practice.

Additional provision fifth. Computation of apprentices for tax purposes.

Workers with a learning contract will be computed by 60 per 100 for the purposes of determining net performance by means of signs, indices or modules of the objective estimation method in the Tax on the Income of the Physical Persons.

Additional provision sixth. Promotion of employment during the year 1994.

One. 1. In accordance with Article 5 of this Law and Article 17.3 of the Staff Regulations, as from the entry into force of this Law, and until 31 December 1994, undertakings may temporarily contract, for the performance of their activities, whatever the nature of the activities, to unemployed workers included in one of the following groups:

a) Workers over forty-five years old.

b) Disabled workers.

(c) Beneficiaries of unemployment benefits, of contributory or assistance level, in the cases provided for in paragraph 1.

Employers will have to recruit workers through the relevant Employment Office and formalise the contract in writing in the official model to be provided by the Employment Office. The recruitment of unemployment recipients will be carried out by means of the presentation of a generic job offer.

2. The duration of such contracts may not be less than 12 months and not more than three years. Where they are designed for a period of less than the maximum laid down, they may be extended before their termination for periods of not less than 12 months.

3. At the end of the contract the worker shall be entitled to receive an economic compensation equivalent to twelve days ' salary per year of service.

4. Undertakings which have written off posts on the basis of an unfair dismissal, an employment regulation file or the cause referred to in Article 52 (c) may not be temporarily hired under this provision. of the Staff Regulations, after 31 May 1993.

Two. 1. Where the contracts provided for in number one are completed on a full-time basis with beneficiaries of unemployment benefits, they shall, for a maximum period of three years, give rise to the following benefits:

(a) Companies, irrespective of the number of employees employed in the workforce, who are hiring beneficiaries of unemployment benefits over the age of 40 and five or disabled, shall be entitled to a reduction of 75 per 100 Business quotas to Social Security for common contingencies.

(b) Companies of up to twenty-five workers who employ beneficiaries of unemployment benefits, under the age of forty-five years, registered at least one year as unemployed in the Employment Office, shall be entitled to a reduction of 50 per 100 of the business quotas to the Social Security for common contingencies.

(c) The reductions laid down in paragraphs (a) and (b) above shall be increased to 100 per 100 and 75 per 100 respectively for the first worker employed by undertakings, irrespective of their legal form, who do not have have been employed since 1 January 1994.

In the above cases, the employer must be able to prove that he has been discharged from the Economic Activities Tax since at least 31 May 1993.

2. The previous reductions in the quota for apprenticeship contracts shall not apply; contracts with workers who have been employed in the undertaking after 31 May 1993 shall not apply; and which affect the spouse, ascendants, descendants and other relatives by consanguinity or affinity, to the second degree including the employer or those who hold office or are members of the administrative organs of the undertakings, which are in the legal form of a company, and those which take place with the latter.

3. If, for the duration of the contracts entered into in accordance with this number two, the undertaking shall pay off posts for unfair dismissal, a file for the regulation of employment or for the cause referred to in paragraph (c) of the Article 52 shall automatically forfeit the right to the reduction of quotas resulting from such hiring, and shall, from the time of the repayment, be entered into the business quotas for established common contingencies. with a general character.

4. The National Employment Institute will compensate the General Treasury for Social Security, under applications 480 and 487 of the "Program 312-A, Unemployment Benefits", the lowest income due to the reductions in quotas. The Ministry of Economy and Finance has been authorized to carry out the necessary credit modifications for its compliance.

Three. 1. The conversion of fixed-term contracts covered by this provision into indefinite contracts entitles them to obtain the benefits laid down in Law 22/1992 of 30 July 1992 on urgent measures to promote employment and (i) protection for unemployment, as well as in Royal Decree 1451/1983 of 11 May 1983, for which, in compliance with the provisions of Law No 13/1982 of 7 April 1982, selective employment and measures to promote the employment of workers are regulated disabled, provided that at the time of processing, which may occur at the end of the duration (a) the initial contract or the corresponding period of grace, the employees will continue to meet the requirements laid down in the above rules, except for those relating to registration as unemployed in the Employment Office.

2. Formalised transformation into an indefinite contract into the corresponding official model, the following benefits shall be granted:

a) Young people under the age of 25, a grant of 400,000 pesetas.

b) Over forty-five years, grant of 500,000 pesetas and 50 per 100 bonus from business to Social Security for common contingencies throughout the duration of the contract.

(c) Women engaged in the professions or trades listed in Annex III to the Ministerial Order of 6 August 1992 ('Official State Gazette ' of 15), in which the collective is under-represented, 500,000 pesetas.

(d) Disabled persons, grant of 500 000 pesetas and allowances, for the entire duration of the contract of 70 or 90 per 100 of the business quotas for social security including those of accidents at work and sickness (a) professional and joint collection fees, if the worker is less than or older than forty-five years, respectively.

Additional provision seventh. Abolition of special registers of port workers.

1. The special registers of port workers set up under the provisions of Royal Decree-Law 2/1986 of 23 May on public service of stowage and desestiba of vessels are hereby abolished.

Specifically, the normative references to those records set out in Articles 9, 10 and 12 of the Royal Decree-Law 2/1986 shall be deleted, with the amendments made by the additional provision Thirteenth of Law 27/1992, of 24 December, of Ports of the State and of the Merchant Navy.

2. The National Employment Institute shall issue to the workers registered in the deleted records the certificate of professional qualifications which they have recognised.

First transient disposition. Apprenticeship contracts.

By way of derogation from point (d) of Article 3.2, workers who have been linked to the undertaking by a training contract which has not exhausted the maximum period of three years may only be employed again by the same company with a learning contract for the duration of up to three years, with the duration of the training contract being computed for the purpose of determining the remuneration to be paid to the apprentice.

Second transient disposition. Contracts concluded before this Law.

The contracts concluded before the entry into force of Royal Decree-Law 18/1993 of 3 December 1993, of urgent measures to promote the occupation, will continue to be governed by the legislation of the former concerton.

The provisions of this Law shall apply to contracts entered into under the said Royal Decree-Law 18/1993 of 3 December, except as provided for in the second subparagraph of Article 3 (2) (d).

Transitional provision third. Enforcement of regulatory provisions.

As long as the regulatory development of this Law is carried out, it will continue to apply, in all that it does not object to the established in it, the Royal Decree 1991/1984, of 31 October, for which the contract is regulated (a) a partial period, the replacement contract and the partial retirement, and the Royal Decree 2104/1984 of 21 November 1984 governing various fixed-term employment contracts and the contract of discontinuous fixed workers.

Single repeal provision. Regulatory repeal.

Any provisions of equal or lower rank shall be repealed as opposed to the provisions of this Law, and expressly the following:

1. Articles 11; 12; 15 (6); 16 (1), (2) and (3) and 43 of Law 8/1980 of 10 March of the Staff Regulations.

2. Articles 40 (2), 42 (1) and 44 (2) of Law 51/1980, of 8 October, basic of employment.

3. Articles 26 (3) and (4) and 27 (1) and (2) of Law 8/1988 of 7 April on infringements and penalties for social security.

4. Royal Decree 1989/1984 of 17 October 1984 regulating temporary employment as a measure to promote employment.

5. Royal Decree-Law 18/1993 of 3 December 1993 on urgent measures to promote the occupation.

Final disposition first. Powers of development.

The Government is empowered to dictate how many provisions are necessary for the implementation and development of this Law.

Final disposition second. Entry into force.

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

Therefore,

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

Madrid, 19 May 1994.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ