Reason Display

1

the moderate growth of the Spanish economy and, consequently, the creation of jobs since the second half of 1990, has led to a difficult situation in the labour market and a worrying financial imbalance in Europe. the system of protection for unemployment.

It is therefore necessary to adopt urgent measures that allow, on the one hand, to reallocate public expenditure to promote active employment policies aimed at encouraging the indefinite hiring of those groups with The Committee of the European Parliament, the Committee of the European Parliament, the Committee of the European Parliament and the Committee of the European Parliament and the Committee of the European Parliament and the Committee of the European The unemployed are actively seeking work.

2

In order to achieve the first objective, the recruitment of workers who are in those groups whose unemployment rates are higher and their length of stay is more encouraged. unemployment, that is to say, young people, workers over the age of forty-five and women. In addition to the specific requirements for each collective, there is a common note to all of them, which is that they are long-term unemployed, in the same way as young people between twenty-five and twenty-nine years of age. years, the non-performance of previous work for a period of more than three months.

This Royal Decree-law regulates, on a unitary basis, all public incentives for employment contracts, except those provided for disabled workers, who will continue to maintain a differentiated treatment.

Without prejudice to the purpose of encouraging the indefinite hiring of workers included in one of the above mentioned groups, the incentives to be awarded are graduated according to the different level of difficulty which, for their job insertion, is derived from the age or gender of these workers.

in the case of contracts in practice and for training, the reductions in quotas for social security, as provided for in Royal Decree 1992/1984 of 31 October 1984, are repealed, without prejudice to the maintenance of public financing of the the cost of the theoretical training provided, and the final incorporation of the worker into the company as the best formula to contribute to the fulfilment of the training purpose of these contracts.

In line with the objectives of this rule, the incentives are reserved for the creation of net employment, thus avoiding the use in fraud of law that would entail the replacement of workers assigned to the company by others included in one of the collectives whose recruitment is subsidised. In addition to the above, the obligation for the beneficiaries of the incentives to maintain the level of employment for at least three years and to replace, in the case of a vacancy, the contracts extinguished by others of the same nature, is established.

The incompatibility of the profits with other public aid which has the same purpose is expressly declared, the tax deductions provided for in Article 72 of the State Budget Law being repealed. 1992.

3

The rationalization of spending on unemployment protection is addressed by acting on the main causes that have led to a significant increase in the cost of protection. Within these special reference points, they deserve temporary employment and their high turnover rates, as well as their correspondence with the minimum periods of contribution required for access to unemployment protection.

It is therefore necessary to introduce a set of measures that, while respecting the rule of Article 41 of the Constitution, correct the most notorious and urgent deviations and imbalances. To this end, the present Royal Decree-Law introduces the following modifications:

(a) The minimum duration of the temporary employment promotion contract shall be 12 months. This change will lead to greater permanence in the employment of workers and the relative decline in the rate of turnover in temporary employment, without the need to introduce rigidities into the labour market, if one takes into account the (a) the remaining contractual arrangements for a given duration which enable the existing needs of the labour market to be adequately met. On the other hand, experience shows that the average duration of temporary employment promotion contracts has been around 18 months.

(b) The minimum contribution period necessary for access to the contributory level is established within 12 months, thereby maintaining the balance between the minimum duration of the temporary employment promotion contract and the contributory benefit.

(c) The scale relating to periods of benefit is modified to redirect its purpose in order to protect temporary and involuntary unemployment situations, encouraging the active search for employment, which is complement the establishment of specific job management, qualification and classification of unemployed and occupational vocational training schemes to assist the beneficiary in finding work.

(d) The rates applicable to the regulatory base determining the amount of the benefit are also amended to moderate the high rates of replacement of the contributory benefit in relation to the wages left of In the meantime, such fees may discourage the search for employment.

(e) In accordance with the purpose of this rule, entitlement to benefit or unemployment benefit shall be extinguished if the beneficiaries refuse to participate in vocational training, refusing to acquire the capacity necessary to access a job and to settle in an insolidary way in terms of unemployment protection.

(f) At the same time, the possibility of access to unemployment benefit for those who lack family responsibilities and who are in a legal situation of unemployment and do not meet the unemployment benefit is introduced for the first time in our system. minimum contribution period for the benefit of the contributory level. Those who are in such a situation and have paid at least six months shall be entitled to six months ' allowance. In addition, the Royal Decree-law provides that the beneficiary with family responsibilities, who may receive the allowance for a maximum of twenty-one months, is qualified as a qualified position.

g) The universalisation of the provision of health care introduced by Law 14/1986 of 25 April, General of Health, and its subsequent regulatory development, makes it unnecessary to maintain such provision as part of the Member of the European Commission in the field of health. Hence, the regulatory precepts of this matter are repealed in Law 31/1984 of 2 August of Protection for Unemployment.

4

The payment of the unemployment benefit in its single payment method that regulates Royal Decree 1044/1985, of June 19, in order to strengthen the social economy, remains in force for those who intend to carry out an activity. (a) professional as a working partner of an associated worker cooperative or an anonymous working company, and is deleted for the rest of the collectives.

Finally, the right of the unemployed to receive a grant or aid for their participation in vocational training courses has led to distortions in the training of these courses, and therefore a inadequate allocation of the important resources for this purpose. That is why the present Royal Decree-Law, from a new conception of the role that active policies are called to fulfill in the new community environment, leaves without effect such scholarships, without prejudice to reallocate the expenditure that This concept was made towards a higher quality training offer, which will be translated into more qualified human resources, thus enabling our companies to compete successfully in the single market and our workers to obtain more and better jobs.

These grants or grants are, however, maintained for those students who are involved in public employment programmes in schools, workshops and trades and for the collective of agricultural workers referred to in the second paragraph of Article 3 (1) of the Treaty. Transitional provision, third, of Royal Decree 1618/1990 of 14 December 1990, in the light of the amendments made to the agricultural subsidy by Royal Decree 1387/1990 of 8 November 1990.

In its virtue, in use of the authorization contained in article 86 of the Constitution, and after deliberation of the Council of Ministers at its meeting of April 3, 1992,

DISPONGO:

CHAPTER FIRST

Public Program to Promote Indefinite Hiring

Article 1. Promotion of indefinite recruitment. 1. This Royal Decree-law regulates the incentives to be granted for the indefinite recruitment of unemployed workers who fulfil the requirements laid down in the following Article.

2. For the purposes of this Royal Decree-law, contracts for an indefinite period shall be concluded on a full-time basis, for work requiring the provision of services during all working days of the year, and an increase in respect of the fixed template of the previous calendar year. These contracts will always be formalised in writing.

Article 2.

Scope. 1. Indefinite recruitment will be encouraged in favour of the collectives and through the incentives given below:

1.1 Young people under 25 years of age who are registered as unemployed at least one year or unemployed young people aged between 25 and twenty-nine years, provided that in the latter case they have not worked with prior to three months in advance.

Each indefinite contract will be subsidised with 400,000 pesetas.

1.2 Over forty-five years of age who are registered as unemployed for at least one year.

Each indefinite contract will entitle a grant of 500,000 pesetas and a 50-per-100 bonus from business quotas to Social Security for common contingencies throughout the duration of the contract.

1.3 Women who are registered as unemployed for at least one year, who are employed in those professions or trades, to be determined by the Ministry of Labour and Social Security, in which the female collective is under-represented, or unemployed women over the age of 25, who, having had a previous job, wish to return to work after a break in their activity of at least five years, provided that they do not is required under legal or conventional rules.

Each indefinite contract will be subsidised with 500,000 pesetas.

2. The conversion of the contract into practice or for the training on an indefinite basis, in accordance with the terms laid down in Article 1 (2) of this provision, shall be subsidised with 550,000 pesetas.

3. The aid provided for in this Article shall be eligible for aid, irrespective of its legal form.

Article 3.

Exclusions. The aid provided for in this Decree-Law will not be granted in the following cases:

(a) Special employment relations provided for in Article 2 of Law 8/1980 of 10 March of the Staff Regulations or other legal provisions.

(b) Contracts affecting the spouse, ascendants, descendants and other relatives, by consanguinity or affinity, up to the second degree, including, of the employer or those who hold office or are members of the (a) the administrative bodies of undertakings which review the legal form of the company and those which take place with the latter.

(c) Contracts made with employees who, in the 24 months preceding the date of the contract, have provided services in the same undertaking or group of undertakings by means of an indefinite contract.

The provisions of the preceding paragraph shall also apply in the case of the worker's prior employment relationship with undertakings to which the applicant for the benefits has occurred pursuant to the provisions of the Article 44 of Law 8/1980 of 10 March.

Art 4. Requirements of the beneficiaries. The beneficiaries of the aid provided for in this standard must meet the following requirements:

(a) Halting to the current in the fulfillment of its tax obligations and in the face of Social Security.

(b) Not having been excluded from access to the benefits arising from the application of the employment programmes by the commission of serious or very serious infringements in accordance with the provisions of Article 45.2 of Law 8/1988, 7 April, on Infractions and Sanctions in the Social Order.

(c) No fixed template, in the calendar year prior to the date of the hiring or transformation, by dismissal declared judicially null or void or recognized as such in the act of conciliation, Regulation of employment by technological or economic causes, or by the objective cause provided for in Article 52 (c) of Law 8/1980 of 10 March.

The template for such causes shall not be understood when, prior to the hiring or processing of the benefits, the vacancy has been covered by a legal relationship of the same nature to be extinguished.

Article 5. Obligations of the beneficiaries. Beneficiaries will be required to maintain the workforce of fixed workers for at least three years.

When the permanent workers ' cessation occurs within that period, the company is obliged to fill the vacancy by means of an indefinite and full-time contract. If the vacancy concerns a contract made under this Royal Decree-Law, the new worker must meet the requirements set out in this provision.

Article 6. Incompatibilities.

1. The benefits set out in this Royal Decree-Law shall be incompatible with any other public aid granted for the same purpose.

2. In no case will the aid established for each collective in this Royal Decree-Law be cumulative.

Article 7. Drawback of benefits. 1. In the case of obtaining the aid without meeting the conditions required for granting it, or for failure to comply with the obligations laid down in this Royal Decree-Law, it shall proceed, in accordance with the provisions of Article 81 of the Law. General budget, the reimbursement of the amounts received and the requirement of interest for late payment, as well as the refund of the amounts left to enter by bonus of contributions to the Social Security with the corresponding surcharge.

2. The obligation of reimbursement established in the preceding number is without prejudice to the provisions of Law 8/1988 of 7 April on Infractions and Penalties in the Social Order.

CHAPTER II

Unemployment protection

Article 8. Amendment of certain articles of Law 31/1984 of 2 August of Protection for Unemployment. New wording is given to Article 5 (1) (b); Article 8 (1); Article 8 (2); Article 8 (4); Article 9 (2); Article 10 (1) (e); Article 10 (3); Article 11 (b), (c) and (d); Article 13 (1) (d); Article 14 (3) (c) and Article 15 (4) of Law 31/1984 of 2 August of Protection of Unemployment.

(b) Having covered the minimum period of contribution referred to in Article 8 (1) of this Law within six years prior to the legal status of unemployment or at the time when the obligation to list was terminated. >

The duration of the benefit will be based on the periods of occupation listed in the six years preceding the legal unemployment situation, or at the time the obligation to list is terminated, according to the following scale:

QUOTE PERIOD (IN DAYS)/BENEFIT PERIOD (IN DAYS)

From 360 to 539 ........................ 120

From 540 to 719 ........................ 180

From 720 to 899 ........................ 240

From 900 to 1,079 ...................... 300

From 1,080 to 1.259 .................... 360

From 1,260 to 1,439 .................... 420

From 1,440 to 1,619 .................... 480

From 1,620 to 1,799 .................... 540

From 1,800 to 1,979 .................... 600

From 1,980 to 2,159 .................... 660

From 2.160 ................................ 720

This scale may be amended by the Government, after reporting to the INEM General Council, on the basis of the unemployment rate and the possibilities of its financing scheme. >

For the purposes of determining the quoted occupation period referred to in the preceding number, account shall be taken of all contributions which have not been taken into account for the recognition of an earlier right, both at the level of the contributory as a care provider. Contributions shall not be taken into account for the time of payment of the benefit to the managing authority or, where appropriate, the undertaking. >

Where the right to benefit is extinguished by the holder of a job longer than twelve months, the holder may, in the event of a new benefit, be entitled to reopen the initial right by the holder. the period in which it was paid and the bases and rates corresponding to it or the benefit generated by the new contributions made. Where the worker opts for the previous benefit, the contributions which he or she has generated for the benefit for which he has not chosen may not be counted for the recognition of a subsequent right. >

The value of the benefit shall be determined by applying the following rates to the regulatory base:

70 per 100 for the first hundred and eighty days and 60 per 100 from day one hundred and eighty-one. >

e) While the right holder performs a job less than twelve months. >

For the purposes of this Law, an appropriate placement shall be understood to correspond to the usual profession of the worker or any other who is in accordance with his/her physical and training abilities equivalent to that established in the sector in which the job is offered to him, irrespective of the amount of the benefit to which he is entitled, and does not change his habitual residence, unless he has the possibility of appropriate accommodation at the place of the new job. In any case, appropriate placement shall be taken to match the last work activity performed. >

b) Refusal from an offer of adequate or negative employment to participate in social collaboration, employment programmes, or in the form of promotion, training and retraining, except for justified reasons.

c) Imposition of penalty of extinction of the benefit in the terms provided for in article 46 of Law 8/1988, of April 7, of Infractions and Sanctions in the Social Order.

(d) Realization of a job of a duration equal to or greater than twelve months, without prejudice to the provisions of Article 8 (4). >

d) Being in a legal position of unemployment, not entitled to the benefit for not having covered the minimum period of contribution, provided that:

Be listed at least three months and have family responsibilities.

At least six months have been listed, even if you lack family responsibilities. >

(c) Where the worker is not entitled to unemployment benefit because he has not covered the minimum contribution period, the duration of the allowance shall be as follows:

In case the worker has family responsibilities:

Quoted Period/Subsidy Duration

3 months of listing .................... 3 months

4 months of listing .................... 4 months

5 months of listing .................... 5 months

6 or more months of listing ............. 21 months

Where the allowance is for a period of twenty-one months, it shall be recognised for a period of six months, which may be extended until its maximum duration is exhausted.

In the event that the worker lacks family responsibilities and has at least six months of contribution, the duration of the allowance will be six months.

When the right is recognized in these assumptions, the contributions that served for the birth of the allowance may not be taken into account for the recognition of a future right to the benefit of the contributory level. >

Acceptance of a job of less than twelve months during the waiting period will not affect the right to obtain the allowance, which will be suspended until the end of the period. >

ADDITIONAL PROVISIONS

First. 1. Article 3 (1) of the Royal Decree 1989/1984 of 17 October, which regulates temporary employment as a promotion of employment, is worded as follows:

< 1. The duration of such contracts may not be less than 12 months and not more than three years.

2. This duration may be amended by the Government in the light of the trend in the unemployment rate and the expectations of employment growth.

Second. The references to 'self-employed workers' and 'the promotion of self-employed workers or' to Article 1 (1) are deleted. and Article 6, respectively, of Royal Decree 1044/1985 of 19 June 1985 governing the payment of unemployment benefit in its single payment method by the present value of its amount, as a measure to promote employment.

Third. The grants and grants provided for in Article 24 (1) and the monthly aid equivalent to 75 per 100 of the Minimum Interprofessional Wage provided for in Article 25 (2) of Royal Decree 1618/1990 of 14 December 1990 are hereby abolished. the National Plan of Vocational Training and Insertion, for all students participating in occupational vocational training courses starting from the entry into force of this Royal Decree-Law, except for the (i) for the purposes of the Ministerial Order of 29 March 1988, which is the subject of the School Workshop and Houses of Office and for those who participate in the training courses established in the third transitional provision of Royal Decree 1618/1990, of December 14.

Fourth. For the purposes of this Royal Decree-law, undertakings which constitute a unit of decision shall be considered to be members of the same group because any one of them directly or indirectly controls the others. It is understood that there is control of an undertaking dominated by another dominant undertaking when it is in one of the cases referred to in Article 42 (1) of the Trade Code.

Fifth. The Government may, in the light of developments in employment and the structure of unemployment, amend the requirements, collectives and aids referred to in the First Chapter of this Royal Decree-Law.

TRANSIENT PROVISIONS

First. The contracts of employment referred to in this Royal Decree-Law, which were concluded before their entry into force, shall continue to be governed in accordance with the rules under which they were concluded. Second. The legal situations of unemployment that have occurred before the entry into force of this Royal Decree-law will continue to be governed by the previous legislation even if the recognition of the right has not occurred.

Third.

The holders, as of the date of entry into force of this Royal Decree-Law, of the health care right referred to in Article 4 (2) (c) of Law 31/1984 of 2 August, shall have a period of three years. months to regularise their situation with the competent bodies to dispense this benefit.

REPEAL PROVISION

As many provisions of the same or lower rank are repealed, they are contrary to the provisions of this Royal Decree-Law and expressly the following:

Articles 5 and 11, No 1, of Royal Decree 1992/1984 of 31 October 1984 on the rules governing contracts in practice and for training.

Royal Decree 3239/1983 of 28 December establishing incentives to encourage the recruitment of workers over forty-five years of age.

Order of 9 February 1984 for the development of Royal Decree 3239/1983 of 28 December 1983.

Articles 14 and 15 of the Order of 21 February 1986 establishing a number of programmes to support job creation.

Articles 4, number 1, paragraph 2, point (c); 8, number 3; 10, number 1, point (b); 16 and 17 of Law 31/1984, of 2 August, of Protection for Unemployment.

Article 72, number 5, of Law 31/1991, of 30 December, of the General Budget of the State for 1992.

FINAL PROVISIONS

First. The Government and, in the field of their respective competences, the Ministers of Economy and Finance and Labour and Social Security are empowered to dictate how many provisions are necessary for the implementation and development of this Royal Decree-Law.

Second. This Royal Decree-law shall enter into force on the day following that of its publication in the Official Journal of the State.

Given in Madrid to 3 April 1992.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ