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Royal Decree 1362 / 1981, Of 3 July, On Part-Time Work Contracts.

Original Language Title: Real Decreto 1362/1981, de 3 de julio, sobre contratos de trabajo a tiempo parcial.

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REGULATED IN THE STATUS OF WORKERS IN THE FORM OF THE PARTTIME WORK CONTRACT, WHILE EXISTING EMPLOYMENT CONDITIONS REMAIN ONLY UNDER THE AGE OF 25 AND THOSE UNDER THE AGE OF 25. WORKERS WHO ARE IN A SITUATION OF UNEMPLOYMENT, IT IS NECESSARY TO LAY DOWN THE RULES TO BE APPLIED TO THIS TYPE OF CONTRACT, IN ORDER TO ENSURE THAT ARTICLES EIGHT, TWELVE AND THIRTY-SIX POINT FOUR AND PROVISION ARE PREVENTED. TRANSITIONAL THIRD OF THE SAID STATUTE

THUS, THE PROVISION IS MADE AS ONE OF THE MEASURES TO PROMOTE THE EMPLOYMENT OF THE ABOVE MENTIONED GROUPS, CONSTITUTING AN IMPORTANT STEP FORWARD IN ENABLING THE FULL DEVELOPMENT OF THIS CONTRACTUAL MODALITY, WHICH HAS BEEN SLOWED DOWN TO THE PRESENT TIME FOR THE APPLICATION OF THE RULES RELATING TO SOCIAL SECURITY CONTRIBUTIONS IN RESPECT OF THE DETERMINATION OF THE MINIMUM BASIS OF CONTRIBUTION, BY THE ESTABLISHMENT OF THE APPROPRIATE RELATIONSHIP BETWEEN THE PAID SALARY AND THE BASE OF THE Quote

IN ITS VIRTUE, ON THE PROPOSAL OF THE MINISTER OF LABOR, HEALTH AND SOCIAL SECURITY, HEARD THE COUNCIL OF STATE AND AFTER DELIBERATION OF THE COUNCIL OF MINISTERS AT ITS MEETING OF THE DAY THREE OF JULY OF A THOUSAND NINE HUNDRED AND EIGHTY ONE, I HAVE:

ARTICLE FIRST. THE CONTRACTS FOR PARTTIME WORK, BOTH FOR INDEFINITE DURATION AND FOR A GIVEN DURATION, SHALL BE USED IN WRITING SPECIFYING THE DAYS PER YEAR, MONTH OR WEEK, OR HOURS IN THE DAY, RESPECTIVELY, LESS THAN TWO THIRDS OF THOSE REGARDED AS NORMAL IN THE ACTIVITY IN QUESTION IN THE SAME PERIOD OF TIME, IN WHICH THE PROVISION OF SERVICES IS TO BE CARRIED OUT IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 12 AND IN THE ARTICLE THIRTY-SIX POINT FOUR OF THE STAFF REGULATIONS

IN ANY CASE THE CONTRACT WILL ESTABLISH THE SYSTEM OF DETERMINING THE SERVICE DELIVERY TIMES

ARTICLE 2. THE PARTIAL-TIME EMPLOYMENT CONTRACTS REFERRED TO IN ARTICLE DECE OF THE STAFF REGULATIONS SHALL BE PRESUMED TO HAVE BEEN CONCLUDED FOR AN INDEFINITE PERIOD, EXCEPT IN CASES WHERE THEY MAY BE CONCLUDED FOR A PERIOD OF TIME. DETERMINED

THE WRITTEN DOCUMENT IN WHICH THE CONTRACT REFERRED TO IN THE PRECEDING PARAGRAPH IS CONTAINED SHALL BE EXTENDED BY AN EXEMPLARY FOURFOLD, TO A SINGLE EFFECT, IN THE CORRESPONDING DEPENDENCY OF THE NATIONAL INSTITUTE OF EMPLOYMENT, WHICH IT SHALL REGISTER AND FILE ONE OF THEM AND THE RETURN OF THE OTHER, DULY COMPLETED, TO THE CONTRACTING UNDERTAKING

ARTICLE 3. -AS LAID DOWN IN THE RULES GOVERNING TEMPORARY EMPLOYMENT, IT SHALL BE APPLICABLE, IN ACCORDANCE WITH THE MODALITY IN QUESTION, TO FIXED-TERM EMPLOYMENT CONTRACTS IN RESPECT OF THE SYSTEM OF VALIDITY OF THE MIMICS, EXTENSIONS IF APPLICABLE, PERIOD OF PROOF, PRE-NOTICES AND DENUNCIATION, IF ANY, BY ANY OF THE PARTIES

ARTICLE FOURTH. WORKERS LINKED TO A PART-TIME WORK CONTRACT WILL ENJOY AT LEAST EQUAL WAGES AND OTHER ECONOMIC PERCEPTIONS AS FULL-TIME CONTRACT WORKERS. LIKEWISE OF ALL THE RIGHTS WHICH ARE COMPATIBLE WITH THE NATURE OF THE CONTRACT, BUT IN THE PROPORTION CORRESPONDING TO THE SERVICES THEY PROVIDE. IN ANY EVENT, THE WORKER SHALL EXERCISE HIS RIGHTS OF REPRESENTATION, IN ACCORDANCE WITH TITLE II OF THE STAFF REGULATIONS, AS LONG AS THEY ARE COMPATIBLE WITH THE NATURE AND DURATION OF THE CONTRACT

ARTICLE FIFTH. -UNLESS OTHERWISE AGREED, IF THE DAILY WORKING DAY IS LESS THAN FOUR HOURS, THE WORKING DAY OF DEPARTURE MAY NOT BE PROVIDED.

ARTICLE SIXTH. IN ACCORDANCE WITH ARTICLE 12 (2) OF THE STAFF REGULATIONS, THE CONTRIBUTION TO SOCIAL SECURITY AND OTHER CONTRIBUTIONS TO BE COLLECTED JOINTLY WITH THE LATTER, IN RESPECT OF THE EMPLOYEES EMPLOYED PART TIME SHALL BE EFFECTED BY REASON OF THE HOURS OR DAYS ACTUALLY WORKED. DIFFERENT CONTRIBUTIONS SHALL BE ESTABLISHED BY THE MINISTRY OF LABOUR, HEALTH AND SOCIAL SECURITY FOR THE DAYS WHICH DO NOT EXCEED THE THIRD PART OF THE NORMAL WORKING TIME IN THEIR SCHEDULE AND ANNUAL CALCULATION. IN ANY EVENT THE PROPORTIONALITY OF THE CONTRIBUTION SHALL BE MAINTAINED WITH THE HOURS WORKED

ARTICLE SEVENTH. THE NON-OBSERVANCE OF THE WRITTEN CONTRACTUAL FORM MENTIONED IN THE FIRST ARTICLE OF THIS ROYAL DECREE WILL ENTAIL THE NON-APPLICATION OF THE SPECIAL SYSTEM TO CONTRIBUTE TO THE SOCIAL SECURITY REFERRED TO IN THE PREVIOUS ARTICLE, AND IT SHALL ALSO BE INHERENT IN THAT THESE PART-TIME CONTRACTS ARE CONCLUDED FOR AN INDEFINITE PERIOD, UNLESS PROOF IS PROVIDED TO THE TEMPORARY NATURE OF THE CONTRACTS

TRANSIENT PROVISIONS

FIRST.-THE CONTRACTS FOR PARTTIME WORK EXISTING AT THE DATE OF ENTRY INTO FORCE OF THIS ROYAL DECREE, CONCLUDED WITH WORKERS REFERRED TO IN THE THIRD TRANSITIONAL PROVISION OF THE STAFF REGULATIONS, THEY SHALL BE USED IN WRITING, AS PROVIDED FOR IN THE SECOND ARTICLE OF THIS ROYAL DECREE, WITHIN 60 CALENDAR DAYS FROM THAT DATE, IN ORDER TO BE ABLE TO BENEFIT FROM THE SPECIAL SOCIAL SECURITY CONTRIBUTION SYSTEM OF THE ARTICLE FIFTH OF THIS SAME DISPOSITION

SECOND. ACCORDING TO THE PROVISIONS OF THE THIRD TRANSITIONAL PROVISION OF THE WORKERS ' STATUTE, AS LONG AS THE PRESENT CONDITIONS OF EMPLOYMENT PERSIST, ONLY WORKERS MAY BE HIRED ON A PART-TIME BASIS. RECIPIENTS OF UNEMPLOYMENT BENEFIT, THOSE WHO HAVE EXHAUSTED THEIR PERCEPTION OF UNEMPLOYMENT, CONTINUING UNEMPLOYMENT, AGRICULTURAL WORKERS WHO HAVE BEEN UNEMPLOYED AND YOUNG PEOPLE UNDER THE AGE OF 25, DEDUCTING FROM THOSE WHO HAVE BEEN UNEMPLOYED WINE IN RECEIPT OF UNEMPLOYMENT BENEFITS IN PROPORTION TO THE TIME OF WORK

THIRD.-IN THE CASE OF CURRENT EMPLOYMENT CIRCUMSTANCES, A WORKER UNDER THE AGE OF 25 WITH A PRINCIPAL FIXED JOB MAY ONLY CONCLUDE A PART-TIME CONTRACT WHEN THE SUM OF THE TWO DAYS DOES NOT EXCEED THE ORDINARY IN THE SECTOR TO WHICH THE MAIN JOB CORRESPONDS

FINAL PROVISIONS

FIRST.-THE GENERAL COUNCIL OF THE NATIONAL INSTITUTE OF EMPLOYMENT WILL BE INFORMED OF THE EVOLUTION OF THE HIRING THAT TAKES PLACE UNDER THIS ROYAL DECREE, FORMULATING, IF NECESSARY, THE PROPOSALS TO WHICH THERE COULD BE, TO END TO ACHIEVE THE GREATEST EFFECTIVENESS

SECOND. THE COLLECTIVE AGREEMENTS MAY INCLUDE PROVISIONS FOR THE REGULATION OF PART-TIME CONTRACTING

THIRD.-THE MINISTRY OF LABOUR, HEALTH AND SOCIAL SECURITY SHALL CARRY OUT THE NECESSARY ADAPTATIONS, IN THE RULES WHICH MAKE UP THE SYSTEM OF SOCIAL SECURITY CONTRIBUTIONS AND CONTRIBUTIONS PRECISE ADAPTATIONS, IN THE RULES WHICH MAKE UP THE SYSTEM OF SOCIAL SECURITY AND UNEMPLOYMENT CONTRIBUTIONS AND BENEFITS, FOR THEIR APPLICATION TO THE ASSUMPTIONS IN WHICH THE BUDGETS BENEFITING FROM THE PROTECTIVE ACTION ARE OR HAVE BEEN PART-TIME WORK CONTRACT

FOURTH.-THE MINISTRY OF LABOUR, HEALTH AND SOCIAL SECURITY IS EMPOWERED TO DICTATE THE PROVISIONS NECESSARY FOR THE IMPLEMENTATION OF THIS ROYAL DECREE, WHICH SHALL ENTER INTO FORCE ON THE DAY FOLLOWING THAT OF ITS PUBLICATION IN THE "OFFICIAL STATE BULLETIN"

GIVEN IN MADRID TO THREE OF JULY OF A THOUSAND NINE HUNDRED AND EIGHTY-ONE. -JUAN CARLOS R.-THE MINISTER OF LABOR, HEALTH AND SOCIAL SECURITY, JESUS SANCHO ROF