I

The economic crisis in Spain since 2008 has highlighted the weaknesses of the Spanish labour model. The seriousness of the current crisis is unprecedented. Spain has destroyed more jobs, and more quickly, than the major European economies. The data from the latest Labour Force Survey describes this situation well: the unemployment figure stands at 5,273,600 people, with an increase of 295,300 in the fourth quarter of 2011 and 577,000 in the fourth quarter of 2010. The unemployment rate rises by 1.33 points from the third quarter and stands at 22.85%.

The destruction of employment has been more intense in certain groups, especially the young people whose unemployment rate among the under-25s reaches almost 50%. The uncertainty of entering the labour market, the low initial wages and the general economic situation are causing many well-trained young people to leave the Spanish labour market and seek opportunities in the labour market. foreign.

Long-term unemployment in Spain is also higher than in other countries and has a double negative impact. On the one hand, the evident on the collective of people and, on the other, the additional impact on the added productivity of the economy. The average duration of unemployment in Spain in 2010 was, according to the OECD, 14.8 months, compared with a mean for OECD countries of 9.6 and 7.4 months for G7 members.

This adjustment has been especially severe for temporary workers. We maintain a temporary rate of almost 25%, much higher than the rest of our European partners. The average temporality in the EU27 is 14%, 11 points lower than the Spanish one.

The destruction of employment during the last legislature has relevant effects on the Social Security system. Since December 2007, the number of affiliates has decreased by almost 2.5 million (12.5%). In addition, if the average monthly expenditure on unemployment benefits in 2007 was 1,280 million €, in December 2011, the expenditure amounted to 2,584 million.

The economic crisis has highlighted the unsustainability of the Spanish labour model. The problems of the labour market far from being cyclical are structural, they affect the very foundations of our social model and require a major reform, which, despite the normative changes experienced in the last few years years, continues to be claimed by all the world and European economic institutions that have analyzed our situation, by the international markets that contemplate the situation of our labor market with enormous uneasiness and, on all, for the data of our work reality, which hide true human dramas. The above figures show that the labour reforms carried out in recent years, still well-meaning and oriented in the right direction, have been failed reforms.

The gravity of the economic situation and the employment situation described requires an immediate reform that provides economic and labor operators with a horizon of legal certainty and confidence in which they will be able to to get the job back. The extraordinary and urgent need for Article 86 of the Spanish Constitution to legislate by law is justified by the situation of the Spanish labour market. This royal decree-law aims to create the necessary conditions so that the Spanish economy can recreate employment and thus generate the necessary security for workers and entrepreneurs, for markets and investors.

The government embodies and serves the general interests and has an obligation to guarantee and satisfy the interests of all those who are seeking employment. The proposed reform seeks to ensure both the flexibility of employers in the management of the company's human resources and the safety of workers in employment and adequate levels of social protection. This is a reform in which everyone wins, employers and workers, and which aims to better and better satisfy everyone's legitimate interests.

II

The labor reform contained in this Royal Decree Law is complete and balanced and contains incisive and immediate application measures, in order to establish a clear framework that contributes to the effective management of relations The European Commission has been in the process of creating jobs, as well as the stability of jobs that our country needs.

The reform bets on the balance in the regulation of our working relations: balance between internal and external flexibility; between the regulation of indefinite and temporary contracting, that of internal mobility in the company and the extinguishing mechanisms of the employment contract; between the cloths that operate in the contract of employment and those that operate in the labor market, etc. The objective is flexicurity. To this end, the present law provides for a coherent set of measures designed to promote the employability of workers by reforming aspects relating to employment intermediation and vocational training (Chapter I); encouraging indefinite recruitment and other forms of work, with particular emphasis on promoting recruitment by SMEs and young people (Chapter II); incentivising internal flexibility in the enterprise as an alternative measure to the destruction of jobs (Chapter III); and finally to promote the efficiency of the labour market as an element linked to the reduction of work duality, with measures that mainly affect the extinction of work contracts (Chapter IV).

Chapter I groups various measures to promote the employability of workers. The Public Employment Services have been insufficient in the management of the placement, with very few penetration rates within the total number of placements. On the contrary, Temporary Work Enterprises have been revealed as a powerful dynamic agent of the labour market. In most of the countries of the European Union, such enterprises operate as placement agencies and from the Community institutions, they are stressing that they contribute to the creation of jobs and to participation and integration. of workers in the labour market. This is why the regulatory framework for temporary work companies is reformed by allowing them to operate as placement agencies.

The development of vocational training for employment has been remarkable over the last two decades, with a significant increase in the participation of companies and workers in training activities, although they have been There are also certain needs for improvement. The real decree-law is based on a professional training that favors the permanent learning of the workers and the full development of their professional skills. The basic axis of the reform in this field is the recognition of vocational training as an individual right, with workers being given a paid leave for training purposes. Workers are also entitled to the right of vocational training to adapt to the changes which have been made at the workplace. It is also envisaged that the Public Employment Services will grant to each worker a training account associated with the Social Security membership number, and the training centres and institutions, duly accredited, are recognised as being the possibility of participating directly in the vocational training system for employment, with a view to making the training offer more varied, decentralised and efficient.

Another notable aspect of this chapter is the modifications to the training and learning contract to enhance youth employment through the suppression of unjustified limitations.

III

Chapter II includes a number of measures aimed at encouraging indefinite recruitment and job creation. The measures included in this chapter are intended to encourage especially those who are suffering the most from the negative consequences of the economic crisis: the young unemployed and the SMEs.

Part-time work is one of the outstanding subjects of our labour market. Although the reforms that have changed the regulation of this contract have been different, the fact is that the level of part-time employment in our country is not comparable to that in other countries of the European Union. Part-time work is not only a relevant mechanism in the flexible organisation of work and in the adaptation of working time to the professional and personal needs of workers, but is a mechanism for redistribution of employment. The reform of the part-time work contract seeks to seek a better balance between flexibility and social protection, while allowing for overtime in part-time contracts, and including the same at the base of the Quotation for common contingencies.

The desire to promote new ways of developing labor activity makes it possible to include, with guarantees, the work of teleworking in this reform: a particular form of organization of the work that fits perfectly in the productive and economic model pursued, by favouring the flexibility of firms in the organisation of work, increasing employment opportunities and optimising the relationship between working time and personal life and family. The organisation of traditional home-based work is therefore amended to provide for a balanced regulation of rights and obligations for remote work based on the intensive use of new technologies.

The companies of fifty or fewer workers are, according to data from the Central Business Directory of the National Statistics Institute, 99.23% of Spanish companies. The labor reform is about facilitating the hiring of workers by these companies that represent the majority of the productive fabric of our country. To this end, a new form of employment contract will be created for an indefinite period, of which only companies with fewer than 50 employees who, despite the economic crisis situation, will be able to make use of the contract, will be used for the creation of employment. In addition, as a measure to promote youth employment, a tax deduction is established.

Likewise, the system of bonuses for indefinite hiring is rationalized, the practice of which has severely limited its efficiency. Thus, the bonuses provided for in this Royal Decree Law are aimed exclusively at companies with fewer than 50 employees, either for the conversion of contracts into practice, for the replacement or replacement of age by retirement in the indefinite contracts, or for the indefinite recruitment, through the new contractual modality indicated, of young people aged between 16 and 30 or long-term unemployed registered as jobseekers for at least 12 months in the 18 prior to recruitment.

IV

Chapter III brings together various measures to promote internal flexibility in companies as an alternative to the destruction of jobs. The problem of the duality of work is a consequence, to a good extent, of an inadequate system of labour institutions that has become evident during the last crisis. In a system that generates adequate incentives, companies can cope with the fluctuations in demand by resorting to different mechanisms for dismissal, which preserve the human capital of the company, such as temporary reductions in wages or salaries. day. This kind of adjustment has been relevant in the countries of our environment, which has resulted in less job destruction.

The set of measures set out in this chapter are aimed at strengthening the mechanisms for adapting working conditions to the specific circumstances that the company is going through. With this aim there are several reforms that are addressed. In the first place, the system of professional classification has as the only reference the professional group with the objective to circumvent the rigidity of the notion of professional category and to make of the ordinary functional mobility a mechanism of more viable and effective adaptation.

Secondly, the distinction between substantial individual and collective modifications is simplified, the substantial modification of functions and structure and salary amount are included as a cause of voluntary extinction of the employment contract entitled to compensation and, the modification of working conditions set out in collective agreement of Title III of the Workers ' Statute are referred to in Article 82 (3) of the Staff Regulations.

In the third place, in the matter of suspension of the contract of work and reduction of the day for economic, technical, organizational or productive causes, the present royal decree seeks to strengthen this alternative mechanism to the redundancies, giving it agility by removing the requirement for administrative authorisation and establishing an extension of the system of bonuses and replacement of unemployment benefits provided for in these cases.

In the fourth place, in the field of collective bargaining, the possibility of dismemberment regarding the collective agreement in force is foreseen, priority is given to the collective agreement of the company and the regime of ultra-activity of the collective agreements. The changes in these matters are intended to ensure that collective bargaining is an instrument, not an obstacle, to adapt the working conditions to the specific circumstances of the company.

The latest reform of the labour market aimed to make the possibility of neglect more viable, but in the light of the 2011 data, in a context of worsening the economic crisis, it does not appear that progress has been made. significantly in this field. The state rule has not guaranteed the unblocking of the lack of agreement with the workers ' representatives to stop applying the conditions provided for in collective agreement. Therefore, in order to facilitate the adaptation of wages and other working conditions to productivity and business competitiveness, this real decree-law incorporates a modification of the neglect regime so that, in the absence of The agreement and the non-solution of the conflict by other autonomous channels, the parties submit to a channeled arbitration through the National Consultative Commission of Collective Agreements or similar bodies of the Autonomous Communities. In any case, it is a question of tripartite bodies and, therefore, with the presence of trade union and employers ' organisations, together with that of the administration whose intervention is also justified by the need for the public authorities to ensure that the defense of productivity as derived from article 38 of the Spanish Constitution.

The previous reform of the labour market also sought to influence the structure of collective bargaining, giving priority to the business-wide agreement on other conventions in a number of areas. They are of the utmost importance for flexible management of working conditions. However, the effective decentralization of collective bargaining has been left to the state or regional conventions, and can prevent this priority from being applied. The new development which is now incorporated is aimed precisely at ensuring such conventional decentralisation in order to facilitate the negotiation of working conditions at the closest and most appropriate level to the reality of business and its workers.

Finally, in order to ensure that the content of collective bargaining is adapted to changing economic and organizational scenarios, changes are made to the implementation of the collective agreement in the time. It is intended, first, to encourage the renegotiation of the agreement to be carried out at the end of its term without the need for denunciation of the convention as a whole, as a situation that is sometimes conflicting and which does not facilitate a renegotiation process. Balanced and balanced. However, in order to prevent this from being possible, it is intended to avoid a "petrification" of the working conditions agreed upon in agreement, and that the renegotiating agreement should not be excessively delayed by a temporary limitation of the ultra-activity of the Two-year convention.

V

Chapter IV includes a set of measures to promote the efficiency of the labor market and reduce labor duality. The lack of an optimal level of internal flexibility is, as has been stated, one of the characteristics of our labour market, affecting primarily workers on temporary contracts and to a lesser extent on indefinite workers. by redundancies. The result is, at this stage, well known: the accused rotation and segmentation of our labour market.

With the objective of increasing the efficiency of the labor market and reducing labor duality, Chapter IV of this royal decree-law contains a series of measures that essentially relate to the extinction of the contract. However, the chapter starts with a measure concerning the conclusion of temporary contracts. In particular, in order to complete the measures to promote indefinite recruitment and to try to reduce the number of working-level dualism as soon as possible, the end of the suspension of the impossibility of overcoming a temporary ceiling in the (a) chaining of temporary contracts as laid down in Article 15 (5) of the Staff Regulations. This forecast shall be applicable again from 1 January 2013.

The so-called "express dismissal" has become, in the light of the most recent data, the main channel of extinction of indefinite contracts, far exceeding the number of redundant collective and objective. Beyond the benefits in terms of speed and economic security that this possibility brings to businesses, the "express dismissal" is revealed to be frontally opposed to what should be a system of extinction of the contract of employment presided over by the idea of "flexicurity".

The "express dismissal" creates insecurity for workers, since business decisions are probably taken many times on the basis of a mere economic calculation based on the seniority of the worker and, therefore, in the cost of dismissal, irrespective of other aspects relating to the discipline, productivity or the need for the services provided by the worker, while limiting his or her possibilities for judicial challenge, unless conduct is carried out discriminatory or contrary to fundamental rights. But also from the business point of view, the success of "express redundancies" has also highlighted the dysfunctions of the legal regime of dismissal. It does not constitute economically rational behaviour-the one that would be expected of the holder of a business-to dismiss without many times the criteria relating to the productivity of the worker and, in any case, by a Dismissal is inappropriate and therefore more expensive than a dismissal from economic, technical, organizational or production causes, the justification of which should be more common in times, such as the present, of economic crisis. The reason for this is that the additional costs involved in processing wages and the difficulty, which has been reported, are being borne in terms of the possibility of economic extinction with costs, in terms of time and economic, reasonable.

The characterization of the collective dismissal, with an administrative file and possible administrative and judicial impeachments, has been revealed to be contrary to the speed that is especially necessary when it comes to undertaking business restructuring. Hence the tendency to reach agreements with workers ' representatives during the consultation period as a way of securing the authorisation by the labour authority. However, this has been done many times at the cost of providing compensation to workers who have been made redundant over and above the legal basis for this dismissal. In this way, the period of consultation with the representatives of workers who, in the light of Community legislation, must be dealt with on the possibility of avoiding or reducing collective redundancies and reducing their consequences, by means of the use of social measures intended, in particular, for the re-adaptation or conversion of redundant workers.

For their part, the objective dismissals for the same causes have been characterized by an ambivalent judicial doctrine and case law, in which it has taken many times a purely defensive conception of these dismissals, as mechanism to deal with serious economic problems, bypassing other functions which are intended to fulfil this dismissal as a means of adjusting the volume of employment to the technical and organizational changes operated by the companies. This is likely to explain that companies will often decline because of the recognition of the lack of origin of the dismissal, avoiding a judicial process over which there was not too much confidence in the possibilities of obtaining the origin of the the dismissal, and therefore the compensation for redundancy paid more than the additional cost of the processing wages.

On the basis of the previous diagnosis, the set of measures concerning the extinction of the contract of work included in Chapter IV, is initiated with a reform of the legal regime of collective dismissal. One of the main developments is the abolition of the need for administrative authorisation, while maintaining the Community requirement for a period of consultation, but without requiring an agreement with the representatives of the workers to proceed. to the dismissals. This is accompanied by an assimilation of these collective redundancies with the rest of the dismissals for the purpose of their impeachment and judicial qualification, with the particularity that an action is foreseen for which the representatives of the workers, which will allow a uniform solution for all workers affected by the dismissal.

Innovations are also introduced in the field of justification for these redundancies. The law now sets out to define the economic, technical, organizational or productive causes that justify these dismissals, deleting other normative references that have been introducing elements of uncertainty. Beyond the specific legal tenor incorporated by various reforms since Law 11/1994 of 19 May, amending certain articles of the Workers ' Statute, and the articles of the Law of Labour and Labour Procedure Law on Infractions and Sanctions in the Social Order, such references incorporated projections of the future, of impossible proof, and a finisher assessment of these dismissals, which has been giving rise to the courts to conduct, in numerous opportunities, opportunity judgments relating to the management of the company. It is now clear that the judicial review of these dismissals must be based on an assessment of the concurrency of the facts: the causes. This idea applies both to the judicial review of collective redundancies and to redundancies for objective reasons ex Article 52 (c) of the Staff Regulations.

The new regulation reinforces the social elements that must accompany these layoffs. On the one hand, it is incentivised that, through collective autonomy, priority should be given to the decision to lay off certain workers, such as those with family burdens, those of a certain age or persons with disability. On the other hand, in those collective redundancies affecting more than a hundred workers, the law provides for an effective business obligation to provide workers with an external relocation plan, including training, guidance and training measures. professional, personalized attention and active job search.

The measures relating to the termination of the employment contract also relate to the compensation and other costs associated with the redundancies. Thus, it is considered necessary to improve the efficiency of the labour market and to reduce the work duality bringing the costs of redundancy to the average of the European countries. The traditional severance pay of 45 days ' salary per year of service with a maximum of 42 monthly allowances is an element that accentuates the gap between the cost of extinguishing the temporary contract and the In addition to being a distorting element for the competitiveness of companies, especially for the smaller ones at a time like the current difficulty of access to sources of financing.

Therefore, the present royal decree generalizes for all the dismissals imparted the compensation of 33 days with a ceiling of 24 monthly payments that has been previewed for the job objectives imparted from workers with a contract for the promotion of indefinite procurement. This generalisation removes this form of contract, which had been greatly distorted after the last enlargement of the collectives with which the contract could be concluded.

The new rules on compensation for unfair dismissal apply to contracts concluded from the entry into force of this royal decree-law. In the case of contracts concluded before that date, the compensation shall be calculated in accordance with the rules previously in force, but only with respect to the time of service provided before the entry into force of the contract. of this rule. For the remaining service time, the new amount of 33 days per year of service shall be taken into account. With these rules, it is respectful of the principle of equality before the law enshrined in article 14 of the Spanish Constitution, while taking into account the compensation expectations of the contract workers in force.

The regulatory changes that have been made so far as to the termination of the contract of employment allow us to leave behind other rules and forecasts whose purpose was none other than, in an indirect and somewhat unreasonable way, to mitigate the rigidities that have been characterising the legal regime of dismissal.

In addition to the deletion of "express dismissal" other changes are made to the rules that refer to the processing salaries, maintaining the business obligation to pay them only in the case of readmission of the (a) worker, either in the case of the employer's choice, in the event of an unfair dismissal, or as a result of the invalidity of the employer. In the event of the unfair redundancies in which the employer chooses the compensation, the non-payment of the processing wages is justified in that the length of the legal proceedings does not seem to be an appropriate criterion for compensating the injury. (a) the loss of employment, and the worker may also have access to the unemployment benefit from the same moment in which the extinguishing decision is effective. Moreover, processing salaries sometimes act as an incentive for delaying procedural strategies, with the addition that they end up becoming a partially socialized cost, given the expectation that the employer will be able to may claim to the State the portion of such wages exceeding 60 days.

In this same vein, in order for a more reasonable legal treatment of the costs linked to the termination of the contract of employment, the present royal decree amends the legal regime of the Guarantee Fund, rationalising its scope of action, by making it possible to compensate for part of the compensation for the termination of indefinite contracts, which take place in undertakings of less than 25 employees and have not been declared judicially as imsourced.

VI

The reform of the substantive legal regime of the temporary suspension of the contract, the temporary reduction of the day and the collective dismissal as regards the abolition of the administrative authorization of the authority It requires the processing of such institutions to be adapted.

A new procedural modality has been created for collective dismissal, the regulation of which seeks to avoid unnecessary delay in the search for a judicial response to the extinguishing business decision. In addition, paragraphs of other precepts which referred to the administrative authorisation required so far in the contractual suspensions and temporary reductions, as well as in the collective redundancies, have been deleted.

subhead] In the interest of the speed to be presided over by the labor regulation, this new procedural modality will be of a preferential and urgent nature and is characterized by the fact that the Supreme Courts of Justice and the National hearing the knowledge, in the first instance, of the challenge by the representatives of the workers of the collective dismissal, recognizing, subsequently for the sake of speed, the appeal.

Given the complexity of the majority of collective redundancies, it has been considered appropriate, in order to avoid delays in time, to establish the business obligation to provide the documentation that would justify its decision. In the case of an extinguishing period, the time limit for the application is to be counted, and thus be able to carry out the test on the application in advance.

The individual challenge of the termination of the contract in the framework of a collective dismissal is still attributed to the Courts of the Social, by the intended course for the extinctions for objective causes.

Finally, the challenge of contractual suspensions and reductions in working time for economic, technical, organizational and production causes and force majeure will be articulated through the procedural modalities provided for in the Articles 138 and 153-162 of the Regulatory Law of Social Jurisdiction in consideration of the individual or collective character of the business decision.

Finally, the Royal Decree-Law concludes with a series of provisions among which the provision of a specific regime applicable to the administrators and managers of credit institutions regarding limitations in the the compensation to be paid for termination of their contracts in those credit institutions which are mainly or financially supported by the Bank Ordered Restructuring Fund. In addition, certain rules are laid down for the termination/suspension of the contract of directors or directors of credit institutions for the purpose of imposing sanctions or suspension and certain provisional substitution assumptions, respectively. This additional provision comes to complement, in the areas covered, the provisions of the Royal Decree-Law 2/2012 of 3 February of the financial sector's consolidation in respect of the remuneration of credit institutions receiving support. public financial for its consolidation and restructuring.

On the other hand, the additional provision eighth of the royal decree-law is intended to respond to the current situation of economic crisis by introducing rational and logical criteria of adjustment in the field of commercial and commercial contracts. senior management of the state public sector. The measures provided for in that additional provision pursue economic stability, the general interest and the common good. The establishment of limits in the commercial and high management contracts of the State public sector is, moreover, an economic measure aimed at containing the expansion of public expenditure, in such a way as to constitute a justified decision by the State. need to reduce the public deficit.

Finally, the transitional provisions of this royal decree-law lay down the rules for the proper application of its provisions, in line with the objective of complete and balanced reform, of immediate application. the framework of industrial relations, all in conditions of legal certainty, in relation to measures of employment intermediation, promotion of employment, protection by unemployment, the validity of denounced conventions, training contracts and redundancies workers ' collective over fifty years in companies with profits.

The rule clarifies the application of the new compensation regime for unfair dismissal, with respect to the rules in force prior to the entry into force of the same.

In the final provisions, the conditions for the enjoyment of certain workers 'permits in the field of reconciliation of work and family life, the training of workers' account, are required. definition of certain types of unemployment protection and their accreditation, changes in the vocational training subsystem for employment and overtime in part-time contracts, as well as the amendment of the rules the payment of the unemployment benefit in its single payment method, among others.

VII

In the measures taken in the present royal decree, the circumstances of extraordinary and urgent necessity demanded by Article 86 of the Spanish Constitution are fulfilled as a premise for recourse to this figure of the real decree-law.

The main point is that the economic crisis that began in 2008 has made Spain the country with the highest unemployment in the European Union. The speed and intensity of the destruction of employment in Spain is mainly due to the rigidity of the Spanish labour market, as it has been demonstrated on a multitude of occasions by both international bodies and the European Union.

The measures taken since the beginning of the crisis to reform the Spanish labour market have proved to be insufficient and ineffective in order to create jobs. Unemployment has continued to grow in 2011 and is expected to continue in 2012. The pressures of the financial markets on the euro area and the Spanish public debt and the recommendations of the European Union (reflected in the Council Recommendation of 12 July 2011 on the National Reform Programme 2011). Spain and for which a Council opinion on the updated Stability Programme of Spain (2011-2014) is issued, makes it essential to address the structural deficiencies of the Spanish labour market that will enable the recovery of the Spanish economy. Urgent adoption of these measures is required to create the confidence needed for job-creating agents to engage in new hires and to opt for internal flexibility measures rather than to destroy employment. This labor reform aims to create the necessary conditions for the Spanish economy to create jobs again and thus generate the necessary confidence for the markets and investors.

The extraordinary and urgent need required by Article 86 of the Spanish Constitution to legislate by royal decree-law are predicable on an individual basis with respect to each of the measures adopted but, in a special way, from the set that they integrate.

First of all, it must be taken into account with regard to the measures relating to incentives for the recruitment of workers and to promote their employability, which the delay arising from the parliamentary procedure of a This would have a negative impact on business decisions for recruitment and would seriously alter the functioning of the labour market. Hence the need for the immediate introduction of these measures. In fact, the standard practice in our country confirms that all legal changes aimed at stimulating hiring have been implemented through the figure of the royal decree-law.

Secondly, the measures referred to in favour of the internal flexibility of the companies also demand a rapid incorporation into the system, especially in the current circumstances of need companies to come to them as a primary alternative to the destruction of employment.

in the third place, measures aimed at improving the efficiency of the labour market, directly related to the adjustment and restructuring measures to be undertaken by firms, are closely linked to the measures taken by the Commission. the two previous groups and cannot be understood without them, since an integral knowledge of the set of labor regulation that affects all these matters is an essential part of the formation of the will of the enterprises in the decisions that they finally take and that they have to shape the functioning of our labour market towards higher growth.

In the fourth place, measures aimed at improving labour intermediation, which aims to maximise the efficiency of public and private resources aimed at encouraging recruitment, do not allow for any delay. as a result of a parliamentary process of the rule, especially in view of the magnitude of unemployment in our country.

In the fifth place, the changes included in the collective bargaining aspects require certainty of the bases on which the negotiating parties must deal with the negotiation and revision of the agreements. In the light of the substantial innovations introduced by this royal decree-law in Title III of the Workers ' Statute. Dilating the effectiveness of the important changes that the standard contains would mean not to doubt the delay, even in the stoppage, of the collective bargaining processes and would minimize the impact that these modifications would (i) to provide for collective agreements, such as flexible and flexible regulatory frameworks, which will make it possible to contribute effectively to the recovery of the economy and to job creation.

In its virtue, in use of the authorization contained in article 86 of the Spanish Constitution, on the proposal of the Minister of Employment and Social Security, after deliberation of the Council of Ministers at its meeting of the 10th of February 2012,

DISPONGO:

CHAPTER I

Measures to promote the employability of workers

Article 1. Job intermediation.

One. Article 16 (3) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" 3. The activity of hiring workers temporarily to other companies will be carried out exclusively by temporary work companies in accordance with their specific legislation. They may also operate as placement agencies, provided that they have a responsible statement by which they are satisfied that they comply with the requirements laid down in Law 56/2003 of 16 December 2003 on Employment and their rules of development of the competent public employment service. "

Two. Article 1 of Law 14/1994 of 1 June 1994 governing temporary work enterprises is worded as follows:

" Article 1. Concept.

It is called a temporary work company, whose main activity is to make workers available to another user, on a temporary basis, employed by them. The hiring of workers to temporarily cede to another company may only be carried out through temporary work companies duly authorized in the terms provided for in this Law. Temporary work undertakings may, in addition, act as placement agencies provided that they submit a responsible declaration by which they are declared to comply with the requirements laid down in Law 56/2003 of 16 December 2003. Employment, and its development regulations. "

Three. Article 2 (1) (b) of Law 14/1994 of 1 June 1994 on temporary employment undertakings is hereby drawn up as follows:

"b) To engage exclusively in the constitutive activity of a temporary work enterprise, without prejudice to the provisions of Article 1 of this Law."

Four. Article 21a (2) of Law 56/2003 of 16 December 2003 on Employment is worded as follows:

" 2. Natural or legal persons who wish to act as placement agencies shall obtain authorisation from the public employment service to be granted in accordance with the requirements to be laid down in regulation. The authorization, which will be unique and valid throughout the Spanish territory, will be granted by the State Employment Public Service in the event that the agency intends to carry out its activity in different Autonomous Communities, or by the equivalent of the Autonomous Community, in the event that the agency intends to act only in the territory of a Community.

The expiry of the maximum period of the authorisation procedure without having been notified to the person concerned shall mean the estimate of the request for administrative silence. "

Five. The second provision of Law 56/2003 of 16 December 2003 on Employment is worded as follows:

" Additional Disposition Second. Temporary work companies.

The temporary work companies will adjust their activity to what is established in the regulatory regulations of the same. However, when they act as placement agencies, they must comply with the provisions of this law and its implementing provisions, including the obligation to guarantee workers free of charge for the provision of services. "

Article 2. Vocational training.

One. Article 4 (2) (b) of the recast text of the Law on Workers ' Statute, adopted by Royal Decree-Law 1/1995 of 24 March, is worded as follows:

(b) To the promotion and vocational training at work, including the one aimed at adapting them to changes in the workplace, as well as to the development of training plans and actions aimed at promoting their increased employability. "

Two. Article 11 (2) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" 2. The contract for training and apprenticeship shall aim at the vocational qualification of workers in a system of alternance of work activity paid in a company with training activity received in the framework of the system of vocational training for employment or the education system.

The contract for training and learning will be governed by the following rules:

(a) Workers aged over 16 and under 25 years of age who lack the professional qualification recognised by the vocational training system for employment or the education system may be celebrated required to arrange a contract in practice.

The age limit will not apply when the contract is reached with people with disabilities.

(b) The minimum duration of the contract shall be one year and the maximum of three. However, by collective agreement, different durations of the contract may be established, depending on the organizational or productive needs of the undertakings, without the minimum duration being less than six months or the maximum three years.

Situations of temporary incapacity, risk during pregnancy, maternity, adoption or reception, risk during breast-feeding and paternity will interrupt the computation of the duration of the contract.

(c) The duration of the contract for training and learning is expirated, the worker may not be employed under this mode by the same or different undertaking for the same employment or occupation activity as the subject of the qualification professional associated with the contract, but for a different one.

No contracts may be concluded for training and learning when the job corresponding to the contract has been previously performed by the worker in the same undertaking for a period of more than 12 months. months.

(d) The worker must receive the training inherent in the contract for training and learning directly in a training centre of the network referred to in the fifth additional provision of the Organic Law of 19 In June, the qualifications and vocational training, previously recognised by the National Employment System, have been recognized for this purpose. However, it may also receive such training in the undertaking itself where it has the facilities and the staff appropriate for the purposes of the accreditation of the professional competence or qualification referred to in paragraph 1. (e) without prejudice to the need, where appropriate, for additional training periods to be carried out at the centres of the network referred

.

The work activity performed by the employee in the company must be related to the training activities.

The system of delivery and the characteristics of the training of workers in training centres and in enterprises, as well as their recognition, will be developed in a system of alternance with the effective work to promote a greater relationship between the worker and the training and learning of the worker. Training activities may include additional training not referred to the National Catalogue of Professional Qualifications to be adapted to both the needs of workers and businesses.

The financing of training activities will also be subject to regulatory development.

e) The qualification or professional competence acquired through the contract for training and learning shall be subject to accreditation in the terms laid down in the Organic Law of 19 June of the Qualifications and of vocational training, and in its development regulations. In accordance with this Regulation, the worker may ask the competent public authority to issue a certificate of professional competence, professional training certificate or, where appropriate, partial accreditation. cumulative.

(f) Effective working time, which must be compatible with the time spent on training activities, may not exceed 75 per cent, during the first year, or 85 per cent, during the second and third years, the maximum time provided for in the collective agreement or, failing that, the maximum legal day. Workers shall not be allowed to perform overtime, except in the case provided for in Article 35.3. They will also not be able to do night work or shift work.

g) The remuneration of the contract worker for training and learning shall be set in proportion to the effective working time, in accordance with the collective agreement.

In no case shall the remuneration be lower than the minimum inter-professional salary in proportion to the effective working time.

h) The protective action of the Social Security of the contract worker for training and learning shall cover all contingencies, protective situations and benefits, including unemployment. You will also be entitled to the coverage of the Wage Guarantee Fund.

(i) In the event that the worker continues to the undertaking at the end of the contract, it shall be within the meaning of paragraph 1 (f) of this Article. "

Three. Article 23 of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of March 24, is worded as follows:

" 1. The worker shall be entitled:

(a) In the enjoyment of the necessary permits to attend examinations, as well as a preference to choose work shift, if such is the regime established in the company, when curse regularly studies to obtain a academic or professional qualifications.

b) To the adaptation of the ordinary working day for the attendance of vocational training courses.

(c) to the granting of the appropriate permits for vocational training or further training with a job reserve.

d) To the training required for adaptation to the modifications operated in the job. The same shall be borne by the undertaking, without prejudice to the possibility of obtaining the appropriations for training to this end. The time spent on training shall in any case be considered as effective working time.

2. In collective bargaining, the terms of the exercise of these rights shall be agreed upon, which shall be in accordance with criteria and systems that ensure the absence of direct or indirect discrimination between workers of one sex and another.

3. Workers with at least one year's seniority in the company are entitled to a paid leave of 20 hours per year of training linked to the job for up to three years. The enjoyment of the permit shall be determined by mutual agreement between the worker and the employer. "

Four. Article 26 (1) (c) of Law 56/2003 of 16 December 2003 on employment is hereby worded as follows:

" (c) The participation of the most representative employers ' and trade unions and training centres and entities in the design and planning of the vocational training subsystem for the employment. "

Five. A paragraph 10 is added to Article 26 of Law 56/2003 of 16 December 2003 on Employment, with the following content:

" 10. The training received by the worker during his professional career, according to the Catalogue of Professional Qualifications, will be entered into a training account, associated with the number of Social Security affiliation.

The Public Employment Services shall make the corresponding entries under the conditions to be laid down in regulation. "

Six. Paragraph 1 of the sixth transitional provision of Law 45/2002 of 12 December 2002 on the reform of the system of protection for unemployment is worded as follows:

" Transitional provision sixth. Programme for the replacement of workers in training by workers receiving unemployment benefits.

1. Pursuant to the third subparagraph of Article 228 (4) of the recast text of the General Law on Social Security, in the wording given to it by this Law, all companies may be eligible for this programme. the size of their workforce, to replace their employees with unemployed workers receiving unemployment benefits during the time when they participate in training activities, provided that such actions are funded by any of the public administrations.

The application of the programme covered by this transitional provision shall be compulsory for unemployed workers receiving unemployment benefits referred to in the preceding paragraph. "

Article 3. Quota reductions in contracts for training and learning.

1. Companies which, as from the entry into force of this royal decree-law conclude contracts for training and apprenticeship with unemployed workers registered in the employment office before 1 January 2012, shall be entitled, throughout the duration of the contract, including extension, to a reduction of the business quotas to the Social Security by common contingencies, as well as those corresponding to accidents of work and occupational diseases, unemployment, In the case of such contracts, 100 per cent of wage guarantee and vocational training a hundred if the contract is carried out by companies whose staff is less than 250 persons, or 75%, in the event that the contracting undertaking has a template equal to or greater than that figure.

In addition, in contracts for training and learning concluded or extended in accordance with the provisions of the preceding paragraph, 100 percent of the contributions of workers to social security will be reduced throughout the period. duration of the contract, including extension.

2. Companies that transform contracts for training and learning into indefinite contracts, whatever the date of their conclusion, will be entitled to a reduction in the business share to the Social Security of 1,500 euros/year, for three years. In the case of women, this reduction will be € 1,800/year.

3. As not provided for in this Article, it shall apply as set out in Section I of Chapter I of Law 43/2006 of 29 December 2006 for the improvement of growth and employment.

CHAPTER II

Encouraging indefinite hiring and other measures to promote job creation

Article 4. Employment contract for an indefinite period of support for entrepreneurs.

1. In order to facilitate stable employment while the business initiative is enhanced, companies with fewer than 50 employees will be able to enter into the contract of support work for the entrepreneurs that is regulated in this article.

2. The contract shall be concluded for an indefinite and full time, and shall be formalised in writing in the model to be established.

3. The legal status of the contract and the rights and obligations arising from it shall, in general, be governed by the provisions of the recast text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of 24 in March, and in collective agreements for contracts for an indefinite period, with the sole exception of the duration of the probationary period referred to in Article 14 of the Staff Regulations, which shall be one year in any case.

4. The company will have the right to apply the following tax incentives:

(a) In the event that the first contract of work arranged by the company takes place with a child under 30 years of age, the company will be entitled to a tax deduction of three thousand euros.

(b) In addition, in the case of hiring unemployed beneficiaries of a contributory unemployment benefit under Title III of the recast of the General Law on Social Security, approved by Royal Decree Legislative 1/1994, of 20 June, the company will be entitled to a tax deduction with an amount equal to 50% of the unemployment benefit that the worker has to receive at the time of the contract, with the limit of twelve mensualities, and according to the following rules:

1.) The contract worker must have received the benefit for at least three months at the time of the contract.

2. º) The amount of the deduction to which the company is entitled will be set at the date of the start of the employment relationship and will not be modified by the circumstances that occur later.

3.) The company will require the worker a certificate from the State Employment Public Service about the amount of benefit outstanding at the expected start date of the employment relationship.

The contract worker may voluntarily reconcile each month, along with the salary, 25 percent of the amount of the benefit that he/she has recognized and pending at the time of his/her hiring.

In any event, when the worker does not reconcile the benefit with the salary in the terms of the preceding paragraph, the worker's right to unemployment benefits will be maintained which will be deducted from the worker's entitlement at the moment. of the placement, being of application as established in Articles 212 and 213 of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994, of June 20.

5. Irrespective of the tax incentives mentioned above, the recruitment of unemployed persons registered in the Office of Employment shall be entitled to the following bonuses, provided that they relate to one of these groups:

a) Young people between 16 and 30 years, both inclusive, the company will be entitled to a bonus in the business share to the Social Security for three years, the amount of which will be 83.33 euros/month (1,000 euros/year) in the first year; 91.67 euros/month (1,100 euros/year) in the second year, and 100 euros/month (1,200 euros/year) in the third year.

When these contracts are designed with women in sectors where this group is less represented the previous amounts will be increased by 8.33 euros/month (100 euros/year).

(b) Over the age of 45, who have been registered with the Employment Office for at least 12 months in the 18 months preceding the contract, the company shall be entitled to a bonus in the business quota for the security Social, the amount of which will be EUR 108.33 per month (EUR 1,300 per year) for three years.

When these contracts are designed with women in sectors where this group is less represented, the indicated bonuses will be 125 euros/month (1,500 euros/year).

These bonuses will be compatible with other public aid provided for the same purpose, without in any case the sum of the applicable bonuses can exceed 100 per 100 of the business quota to the Security Social.

6. The contract of employment shall not be concluded for an indefinite period of time in support of the entrepreneurs referred to in this Article, the undertaking which, in the six months preceding the conclusion of the contract, would have completed extinctions of contracts of work on objective grounds declared imparted by a court judgment or a collective dismissal. In both cases, the limitation will only affect the extinctions and dismissals produced after the entry into force of this royal decree-law, and for the coverage of those positions of the same professional group as the affected by extinction or dismissal and for the same centre or job centres.

7. For the purpose of applying the incentives referred to above, the employer must keep the employed worker at least three years from the date of the start of the employment relationship in the event of non-compliance with this obligation. to your refund.

The obligation to maintain employment shall not be deemed to be unfulfilled when the employment contract is terminated by disciplinary dismissal declared or recognised as coming, resignation, death, retirement or permanent incapacity. total, absolute or great invalidity of the worker.

8. For the purposes of this Article, account shall be taken of the number of employees of the undertaking at the time of the recruitment.

9. The provisions of Section 1 of Chapter I of Law 43/2006 of 29 December 2006 for the improvement of growth and employment, except as provided for in Article 6.2 of the Treaty, shall apply to the provisions of this Article. of exclusions.

Article 5. Part-time contract.

Article 12 (4) (c) of the Recast Text of the Law of the Workers ' Statute, adopted by Royal Decree-Law 1/1995 of 24 March, is worded as follows:

" c) Part-time workers will be able to perform overtime. The number of overtime to be performed will be legally provided in proportion to the agreed time.

The overtime hours made in the part-time contract will be computed for the purposes of social security contributions and the regulatory basis for the benefits.

Additional hours shall be governed by the provisions of paragraph 5 of this Article.

In any case, the sum of the ordinary, extraordinary and complementary hours may not exceed the legal limit of the part-time work defined in paragraph one of this article. "

Article 6. Remote work.

Article 13 of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of March 24, is worded as follows:

" Article 13. Remote work.

1. It shall be for working at a distance to be taken into account when the provision of the work activity is carried out in a preponderant manner at the address of the worker or at the place freely chosen by the worker, in an alternative to his or her in-person development. in the company's work center.

2. The agreement establishing the remote work will be formalised in writing. Whether the agreement is established in the initial contract or later, the rules contained in Article 8.3 of this Law for the basic copy of the work contract will apply.

3. Distance workers shall have the same rights as those who provide their services in the workplace of the undertaking, except those which are inherent in the performance of the work in question in person in person. In particular, the remote worker shall be entitled to receive at least the total remuneration established in accordance with his professional group and duties.

The employer must establish the means necessary to ensure the effective access of these workers to continuing vocational training, in order to promote their professional promotion. In order to enable mobility and promotion, it should also inform workers at a distance from the existence of vacant jobs for their in-person development in their workplace.

4. Remote workers have the right to adequate protection in the area of safety and health, resulting in application, in any case, as laid down in Law 31/1995 of 8 November and its implementing legislation.

5. Workers at a distance may exercise the rights of collective representation in accordance with the provisions of this Law. For these purposes, such workers must be attached to a particular business centre of the enterprise. "

Article 7. Quota allowances for the conversion of contracts into practices, relief and replacement contracts into indefinite contracts.

1. Companies which transform into indefinite contracts into practices, relief and replacement contracts in anticipation of the retirement age, whatever the date of their conclusion, will be entitled to an allowance in the business quota to the Social security of 41.67 euros/month (500 euros/year), for three years.

In the case of women, these bonuses will be 58.33 euros/month (700 euros/year).

2. Undertakings which have fewer than 50 employees at the time of recruitment, including self-employed workers, and working or cooperative societies may be beneficiaries of the bonuses provided for in this Article. to which workers are incorporated as working or working partners, provided that the latter have opted for a social security scheme of self-employed workers.

3. As not provided for in this provision, it shall apply as set out in Section 1 of Chapter I of Law 43/2006 of 29 December 2006 for the improvement of growth and employment.

4. Workers employed under this Article will be a priority in the training plans for persons employed in vocational training programmes for employment, as well as for any other active policy measures in the field of vocational training. employment, in order to increase their professional qualifications.

CHAPTER III

Measures to promote internal flexibility in companies as an alternative to job destruction

Article 8. Professional classification.

Article 22 of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of March 24, is worded as follows:

" Article 22. Professional classification system.

1. By collective bargaining or, failing that, agreement between the undertaking and the workers ' representatives, the system of professional classification of workers shall be established by means of professional groups.

2. A professional group shall be understood to group together the professional skills, qualifications and general content of the benefit, and may include different tasks, functions, professional specialties or responsibilities assigned to the worker.

3. The definition of professional groups shall be based on criteria and systems aimed at ensuring the absence of direct and indirect discrimination between women and men.

4. By agreement between the worker and the employer a professional group shall be assigned to the worker and the performance of all the tasks corresponding to the group shall be established as the content of the work contract. professional assigned or only one of them. When the functional polyvalence or the performance of functions of more than one group is agreed, the equalization shall be performed by virtue of the functions that are performed for the longest time. "

Article 9. Time of work.

Article 34 (2) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" 2. By collective agreement or, failing that, by agreement between the company and the employees ' representatives, the irregular distribution of the day may be established during the year. In the absence of a pact to the contrary, the company will be able to distribute 5 percent of the working day in an irregular manner throughout the year.

Such distribution must in any event respect the minimum daily and weekly rest periods provided for in the Law. "

Article 10. Functional mobility.

Article 39 of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of March 24, is worded as follows:

" Article 39. Functional mobility.

1. The functional mobility within the undertaking shall be carried out according to the academic or professional qualifications required to perform the work and with respect to the dignity of the worker.

2. Functional mobility for the performance of functions, both higher and lower, not corresponding to the professional group will only be possible if there are also technical or organizational reasons to justify it and for the necessary time for your attention. The employer must communicate his/her decision and the reasons for it to the employees ' representatives.

In the case of a discharge of duties exceeding those of the professional group for a period of more than six months for a year or eight for two years, the worker may claim the promotion if he does not obtain the provisions of the collective agreement or, in any case, the coverage of the vacancy corresponding to the functions performed by the person in accordance with the rules on promotions applicable in the company, without prejudice to the corresponding salary difference. These actions will be cumulative. Against the refusal of the undertaking, and subject to the report of the committee or, where appropriate, of the staff delegates, the worker may claim before the social court. By collective bargaining, periods other than those expressed in this article may be established for the purpose of claiming vacancy coverage.

3. The worker shall be entitled to the remuneration corresponding to the duties which he or she actually carries out, except in the case of a charge of lower duties, in which he shall maintain the remuneration of origin. It shall not be possible to invoke the causes of dismissal for the objective of excessive ineptitude or lack of adaptation in the case of performance of functions other than usual as a result of functional mobility.

4. The change of functions other than the agreed ones not included in the assumptions provided for in this article will require the agreement of the parties or, failing that, the submission to the rules foreseen for the substantial modifications of the conditions of the or to which they have been established in collective agreement. "

Article 11. Geographical mobility.

One. Article 40 (1) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" 1. The transfer of workers who have not been recruited specifically to provide their services in companies with mobile or mobile work centres to a work centre other than the same undertaking requiring changes of residence will require the the existence of economic, technical, organisational or production reasons which justify it. These shall be considered to be such as to be related to the competitiveness, productivity or technical organisation or work in the enterprise, as well as the hiring of the business.

The transfer decision must be notified by the employer to the worker, as well as to his legal representatives, at least thirty days before the date of their effectiveness.

Notified the transfer decision, the worker will have the right to choose between the shipment, perceiving compensation for expenses, or the extinction of his contract, perceiving a compensation of 20 days of salary per year of service, prorating for months the periods of time less than one year and with a maximum of twelve monthly payments. The compensation referred to in the first case shall include both the own costs and the costs of the family members, in the terms agreed between the parties, which shall never be less than the minimum limits laid down in the conventions. collectives.

Without prejudice to the enforceability of the transfer within the aforementioned period of incorporation, the worker who has not opted for the termination of his contract will be displeased with the business decision, may challenge it before the competent jurisdiction. The judgment shall declare the transfer justified or unjustified and, in the latter case, shall recognise the right of the worker to be reinstated to the home working centre.

When, in order to circumvent the forecasts contained in the following paragraph of this Article, the company carries out transfers in successive periods of ninety days in number below the thresholds indicated therein, without new causes justifying such action, such new transfers shall be deemed to have been made in law fraud and shall be declared null and void. '

Two. Article 40 (2) of the Recast Text of the Law of the Workers ' Statute, adopted by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" 2. The transfer referred to in the preceding paragraph shall be preceded by a period of consultation with the legal representatives of workers of a duration not exceeding 15 days, when the whole of the work centre is affected, provided that (a) in the case of a worker, or where, without affecting the whole of the work centre, in a period of 90 days he or she understands a number of workers, at least:

a) Ten workers, in companies with fewer than 100 employees.

b) 10 percent of the number of workers in the company in those who occupy between one hundred and three hundred workers.

c) Thirty workers in companies that occupy more than three hundred workers.

The intervention as interlocutors to the management of the company in the consultation procedure will correspond to the trade union sections when they agree, provided that they add up the majority of the members of the company or among the staff delegates.

This consultation period should address the reasons behind the business decision and the possibility of avoiding or reducing its effects, as well as on the measures needed to mitigate its consequences for the affected workers.

The opening of the consultation period and the positions of the parties following their conclusion shall be notified to the working authority for their knowledge.

During the consultation period, the parties must negotiate in good faith, with a view to reaching an agreement.

This agreement shall require the agreement of the majority of the members of the business committee or committees, of the staff delegates, if any, or of trade union representatives, if any, which, as a whole, represent the majority of those.

In the case of the absence of legal representation of workers in the company, they may attribute their representation to a commission designated in accordance with the provisions of Article 41.4.

After the end of the consultation period, the employer shall notify the workers of his decision on the transfer, which shall be governed by all the provisions of paragraph 1 of this Article.

Against the decisions referred to in this paragraph, it may be claimed in collective conflict, without prejudice to the individual action provided for in paragraph 1 of this Article. The interposition of the conflict will paralyse the processing of the individual actions initiated, until their resolution.

The agreement with the legal representatives of the workers in the period of consultation shall be without prejudice to the right of the workers concerned to the exercise of the option provided for in the fourth subparagraph of paragraph 1 of this Article. this article.

The employer and the legal representation of workers may at any time agree to replace the period of consultation referred to in this paragraph by the application of the mediation or arbitration procedure which is applicable within the scope of the undertaking, which shall be developed within the maximum period specified for that period. '

Three. Article 40 (5) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" 5. The legal representatives of workers shall have priority to remain in the posts referred to in this Article. By collective agreement or agreement reached during the consultation period, priority may be given to staying in favour of workers from other groups, such as workers with family burdens, older workers of a certain age or persons with disabilities. "

Article 12. Substantial modification of working conditions.

One. Article 41 of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of March 24, is worded as follows:

" Article 41. Substantial modifications of working conditions.

1. The management of the undertaking may agree to substantial changes in working conditions where there are proven economic, technical, organisational or production reasons. Such services shall be considered to be related to the competitiveness, productivity or technical organisation or work of the undertaking.

They will have the consideration of substantial modifications of working conditions, among others, that affect the following subjects:

a) Workday.

b) Time and distribution of working time.

c) Shift work regime.

d) Pay and salary system.

e) The work and performance system.

(f) Functions, where they exceed the limits for functional mobility provided for in Article 39 of this Law.

2. Substantial changes in working conditions may affect the conditions recognised for workers in the contract of employment, in collective agreements or agreements or enjoyed by them under a unilateral decision of the Council. Employer of collective effects.

The modification is considered to be a collective one that, in a period of ninety days, affects at least:

Ten workers, in companies that occupy less than a hundred workers.

10 percent of the number of workers in the company in those who occupy between one hundred and three hundred workers.

Thirty workers, in companies that occupy more than three hundred workers.

It is considered as an individual character the modification that, in the reference period established, does not reach the thresholds indicated for the collective modifications.

3. The decision to change the conditions of individual working conditions must be notified by the employer to the worker concerned and to his legal representatives at least 15 days before the date of their effectiveness.

In the cases provided for in paragraphs (a), (b), (c), (d) and (f) of this Article, if the worker is harmed by the substantial modification, he shall be entitled to terminate his contract and to receive compensation. of 20 days of salary per year of service, for months the periods of less than one year and with a maximum of nine months.

Without prejudice to the enforceability of the modification within the time limit of effectiveness cited above, the worker who has not opted for the termination of his contract will be displeased with the business decision. challenge it in the face of social jurisdiction. The judgment shall state the justified or unjustified amendment and, in the latter case, shall recognise the right of the worker to be replaced in his earlier conditions.

When in order to circumvent the forecasts contained in the following paragraph of this article, the company will make substantial changes to the working conditions in successive periods of ninety days in number less than the thresholds laid down in the second paragraph for collective amendments, without any new causes justifying such action, such new amendments shall be considered to have been made in law fraud and shall be declared null and void. effect.

4. Without prejudice to the specific procedures which may be laid down in collective bargaining, the decision on the substantial modification of working conditions of a collective nature shall be preceded by the undertakings in which there are representatives. (a) the legal basis for the employees of a period of consultation with the same duration of not more than 15 days, which shall cover the reasons for the business decision and the possibility of avoiding or reducing its effects, as well as on the measures necessary to mitigate its consequences for the workers concerned.

The intervention as interlocutors to the management of the company in the consultation procedure will correspond to the trade union sections when they agree, provided that they add up the majority of the members of the company or among the staff delegates.

During the consultation period, the parties will have to negotiate in good faith, with a view to reaching an agreement. Such an agreement shall require the agreement of the majority of the members of the business committee or committees, of the staff delegates, where appropriate, or of trade union representatives, if any, which, as a whole, represent the majority of the those.

In companies where there is no legal representation of the same, they may choose to attribute their representation for the negotiation of the agreement, at their choice, to a commission of up to three integrated members. workers of the company itself and elected by those democratically or to a commission of equal number of components designated, according to their representativeness, by the trade unions most representative of the sector to which the company belongs and which are legitimated to be part of the negotiating commission of the collective agreement of application to the same.

In all cases, the designation must be made within five days of the start of the consultation period, without the lack of designation being able to bring about the cessation of the appointment. The agreements of the commission will require the favorable vote of the majority of its members. In the event that the negotiations are carried out with the commission whose members are appointed by the trade unions, the employer may attribute its representation to the business organisations in which it is integrated, which may be the same. more representative at the regional level, and irrespective of the organisation in which it is composed of a cross-sectoral or sectoral nature.

The employer and the representation of the employees may at any time agree to replace the period of consultation with the mediation or arbitration procedure that is applicable in the field of the company, which it must be developed within the maximum period prescribed for that period.

Where the period of consultations is terminated by agreement, the supporting causes referred to in paragraph 1 shall be presumed to be present and may be challenged only before the competent jurisdiction for the existence of fraud, or abuse of law in its conclusion. This is without prejudice to the right of the workers concerned to exercise the option provided for in the second subparagraph of paragraph 3 of this Article.

5. The decision on the collective modification of the working conditions shall be notified by the employer to the employees after the end of the period of consultations without agreement and shall take effect within seven days of the end of the period of notification.

Against the decisions referred to in this paragraph, it may be claimed in collective conflict, without prejudice to the individual action provided for in paragraph 3 of this Article. The interposition of the conflict will paralyse the processing of individual actions initiated until their resolution.

6. The modification of the working conditions laid down in the collective agreements covered by Title III of this Law shall be carried out in accordance with the provisions of Article 82.3.

7. In the case of transfers, the specific rules laid down in Article 40 of this Law shall apply. "

Two. Article 50 (1) (a) of the recast text of the Law on Workers ' Statute, adopted by Royal Decree-Law 1/1995 of 24 March, is worded as follows:

"(a) The substantial changes in the working conditions carried out without respecting the provisions of Article 41 of this Law and which result in the detriment of the dignity of the worker."

Article 13. Suspension of the contract or reduction of the day due to economic, technical, organizational or production causes or due to force majeure.

Article 47 of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of March 24, is worded as follows:

" 1. The employer may suspend the contract of employment for economic, technical, organisational or production reasons. The procedure, which shall apply whatever the number of employees of the undertaking and the number of persons affected by the suspension, shall be initiated by means of communication to the competent labour authority and the simultaneous opening of a period of consultations with the legal representatives of workers of a duration not exceeding 15 days.

The labour authority shall transfer the business communication to the managing body of the unemployment benefits and shall seek a mandatory report from the Labour and Social Security Inspectorate on the end of the work. communication and on the development of the consultation period. The report shall be evacuated within 15 days of the notification to the working authority of the end of the consultation period and shall be incorporated in the procedure.

In the case of the absence of legal representation of workers in the company, they may attribute their representation to a commission designated in accordance with the provisions of Article 41.4.

When the period of consultations is concluded by agreement, the supporting causes referred to in the first subparagraph shall be presumed to be present and may be challenged only before the competent jurisdiction for the existence of fraud, Right of action or abuse of law in its conclusion.

The agreement by the labour authority may also be contested at the request of the managing body of the unemployment benefit where the agreement may have the purpose of obtaining undue benefit on the part of the workers affected by the absence of the motivating cause of the legal situation of unemployment.

After the end of the consultation period, the employer shall notify the employees and the employment authority of their decision on the suspension. The employment authority shall communicate the business decision to the managing body of the unemployment benefit, the date from which the business decision on the suspension of the contracts shall take effect, unless a decision is taken on the back.

Against the decisions referred to in this paragraph, the worker shall be entitled to claim to the social jurisdiction that he shall declare the measure justified or unjustified. Where the business decision concerns a number of workers equal to or greater than the thresholds laid down in Article 51 (1) of this Law, they may be claimed in collective conflict, without prejudice to individual action. The interposition of the collective conflict will paralyse the processing of the individual actions initiated, until their resolution.

2. The working day may be reduced by economic, technical, organisational or production reasons in accordance with the procedure laid down in the preceding paragraph. For these purposes, the temporary reduction of between 10 and 70% of the working day on the basis of a daily, weekly, monthly or annual working day shall be understood as a reduction. During the period of reduction, overtime shall not be possible except for force majeure.

3. Similarly, the employment contract may be suspended due to force majeure in accordance with the procedure laid down in Article 51.7 of this Law and regulations for development.

4. During the suspension of contracts or the reduction of working hours, the development of training activities linked to the occupational activity of the affected workers, the aim of which is to increase their polyvalence or to increase their employability. "

Article 14. Collective bargaining.

One. Article 82 (3) of the Recast Text of the Law on Workers ' Statute, adopted by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" 3. The collective agreements governed by this Law oblige all employers and workers within their scope and throughout the period of their validity.

Without prejudice to the foregoing, when economic, technical, organizational or production causes are present, by agreement between the company and the representatives of the workers entitled to negotiate a collective agreement as As provided for in Article 87 (1), it may, after a period of consultation in accordance with Article 41.4, be carried out to inapply the working conditions laid down in the applicable collective agreement in the undertaking to the undertaking, whether or not of a company, affecting the following matters:

a) Workday.

b) Schedule and the distribution of the working time.

c) Shift work regime.

d) Pay and salary system.

e) The work and performance system.

(f) Functions, where they exceed the limits for functional mobility provided for in Article 39 of this Law.

g) Voluntary improvements to the protective action of Social Security.

It is understood that economic causes are present when the results of the company result in a negative economic situation, in cases such as the existence of current or anticipated losses, or the persistent decrease in their level of revenue or sales. In any case, the decrease is understood to be persistent if it occurs for two consecutive quarters.

It is understood that technical causes are present when changes occur, among others, in the field of means or instruments of production; organizational causes when changes occur, among others, in the field of systems and methods of staff work or in the way of organizing production and production causes when changes occur, among others, in the demand for the products or services that the company intends to place on the market.

In the case of the absence of legal representation of workers in the company, they may attribute their representation to a commission designated in accordance with the provisions of Article 41.4.

When the period of consultations is concluded by agreement, the supporting causes referred to in the second subparagraph shall be presumed to be present, and may be challenged only in the case of social jurisdiction for the existence of fraud, duress or abuse of law in its conclusion. The agreement shall determine exactly the new working conditions applicable to the undertaking and its duration, which may not be further developed beyond the time when a new agreement is applicable in that undertaking. The agreement must also be notified to the joint committee of the collective agreement and the labour authority.

In case of disagreement during the period of consultation either party may submit the discrepancy to the Joint Committee of the Convention which will have a maximum of seven days to decide, to be counted since the Discrepancy was raised. Where the latter does not reach an agreement, the parties may use the procedures to be laid down in the inter-branch agreements at State or regional level, provided for in Article 83 of this Law, in order to deal with the (a) the differences arising in the negotiation of the agreements referred to in this paragraph, including the prior undertaking to submit the discrepancies to a binding arbitration, in which case the arbitral award shall have the same effectiveness as the Agreements in the period of consultations and shall only be used in accordance with the procedure and on grounds of established in Article 91.

When the consultation period ends without agreement and the parties have not undergone the procedures referred to in the preceding paragraph or have not resolved the discrepancy, any of the The parties may submit the dispute settlement to the National Consultative Commission on Collective Agreements when the application of the working conditions affects the work centres of the undertaking located in the territory of more than one Member State. autonomous community, or the corresponding bodies of the autonomous communities in other cases. The decision of these bodies, which may be adopted within their own body or by an arbitrator appointed for that purpose, shall be issued within a period of not more than twenty-five days from the date of submission of the dispute to the latter. organs. Such a decision shall have the effectiveness of the agreements reached in the period of consultations and shall only be used in accordance with the procedure and on the basis of the grounds laid down in Article 91. "

Two. Article 84 (1) of the recast text of the Law on Workers ' Statute, adopted by Royal Decree-Law 1/1995 of 24 March, is worded as follows:

" 1. A collective agreement, during its term of validity, may not be affected by agreements of a different scope unless otherwise agreed, negotiated in accordance with the provisions of Article 83 (2), except as provided for in paragraph 2. next. "

Three. Article 84 (2) of the Recast Text of the Law of the Workers ' Statute, adopted by Royal Decree-Law 1/1995 of 24 March, is worded as follows:

" 2. The regulation of the conditions laid down in an undertaking agreement shall have priority in respect of the state, regional or lower sectoral agreement in the following areas:

(a) The amount of the basic salary and salary supplements, including those linked to the company's situation and results.

b) Credit or compensation for overtime and specific pay for shift work.

c) Time and distribution of working time, shift work arrangements and annual holiday planning.

d) Adaptation to the business of the professional classification system of workers.

e) The adaptation of the aspects of the procurement modalities that are attributed by this Law to the business agreements.

f) Measures to promote reconciliation between work, family and personal life.

(g) Those other than the collective agreements and agreements referred to in Article 83.2.

Equal application priority will have in these matters collective agreements for a group of companies or a plurality of companies linked for organizational or productive reasons and nominally identified to which Article 87.1.

The collective agreements and agreements referred to in Article 83.2 may not have the application priority provided for in this paragraph. "

Four. Article 85 (3) of the recast text of the Law on Workers ' Statute, adopted by Royal Decree-Law 1/1995 of 24 March, is worded as follows:

" 3. Without prejudice to the freedom of procurement referred to in the preceding subparagraph, collective agreements shall express as a minimum content the following:

a) Determination of the parts that make them aware.

b) Personal, functional, territorial, and temporal scope.

(c) Procedures for effectively resolving any discrepancies that may arise for the non-application of the working conditions referred to in Article 82.3, adapting, where appropriate, the procedures to be followed. establish in this respect inter-branch agreements at state or regional level in accordance with the provisions of such articles.

d) Form and conditions of denunciation of the agreement, as well as the minimum time limit for such denunciation before the end of its validity.

e) Designation of a joint committee of the representation of the negotiating parties to understand those questions established in the law and how many others are attributed to it, as well as the establishment of the procedures and time limits for action by this committee, including the submission of discrepancies in the non-judicial systems for the settlement of disputes established by means of inter-branch agreements at the State or regional level provided for in Article 83. "

Five. Article 86 (1) of the recast text of the Law on Workers ' Statute, adopted by Royal Decree-Law 1/1995 of 24 March, is worded as follows:

" 1. It is up to the negotiating parties to establish the duration of the agreements, possibly allowing for different periods of validity for each material or homogeneous group of subjects within the same convention.

During the duration of the collective agreement, the subjects who meet the legitimization requirements provided for in Articles 87 and 88 of this Law may negotiate their review. "

Six. Article 86 (3) of the recast text of the Law on Workers ' Statute, adopted by Royal Decree-Law 1/1995 of 24 March, is worded as follows:

" 3. The validity of a collective agreement, once the agreed duration has been terminated and terminated, will occur in the terms that would have been established in the agreement itself.

During the negotiations for the renewal of a collective agreement, in the absence of a pact, its validity will be maintained, although the conventional clauses for which the strike would have been waived for the duration of a The Convention shall be concluded on the basis of its complaint. The parties may adopt partial agreements for the modification of some or some of their extended contents in order to adapt them to the conditions in which, after the termination of the agreed term, the activity in the sector is carried out or in the company. These agreements shall have the effect that the parties determine.

By means of inter-professional agreements at the State or regional level, provided for in Article 83, procedures for general and direct application must be established in order to deal effectively with existing discrepancies. after the course of the negotiation procedure without reaching an agreement, including the prior commitment to submit the discrepancies to an arbitration, in which case the arbitral award shall have the same legal effectiveness as the collective agreements and only be used in accordance with the procedure and on the basis of the reasons set out in the Article 91. Such inter-branch agreements shall specify the criteria and procedures for the development of the arbitration, expressing in particular the failure to agree within the negotiating committee on the compulsory or compulsory nature of the voluntary submission to the arbitration proceedings by the parties; in the absence of a specific agreement on the compulsory or voluntary nature of the submission to the arbitral proceedings, the arbitration shall be deemed to be binding.

After two years since the denunciation of the collective agreement without the agreement of a new agreement or the award of an arbitration award, the latter shall lose, except as otherwise agreed, and shall apply, if any, the Top-scope collective that is out of application. "

Seven. Article 89 (2) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" 2. Within one month of the receipt of the communication, the special negotiating body shall be set up; the receiving party of the communication shall respond to the proposal for negotiation and both parties shall draw up a timetable or negotiation plan. "

Article 15. Measures to support the suspension of contracts and the reduction of working hours.

1. Companies will be entitled to a 50 percent bonus of business quotas to Social Security for common contingencies, earned by workers in situations of contract suspension or temporary reduction of working hours. economic, technical, organisational or production causes or force majeure, 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 shall reintegrate the bonuses applied in respect of such workers, without prejudice to the application of the provisions of the recast of the Law on Infringements and Sanctions in the Order Social, approved by Royal Legislative Decree 5/2000 of 4 August.

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

Companies that have either extinguished or extinged by recognised or declared unfair dismissal or collective redundancy contracts to which the allowance provided for in this Article has been applied shall be excluded for a period of twelve months of the application of bonuses in the social security contributions. This exclusion will affect a number of contracts equal to that of the extinctions produced. The period of exclusion shall be based on the recognition or declaration of the origin of the dismissal or of the extinction resulting from the collective dismissal.

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

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

5. The provisions of this Article shall apply to applications for the regulation of employment submitted from 1 January 2012 to 31 December 2013.

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.

Article 16. Replacement of the right to unemployment benefit.

1. Where a company, pursuant to Article 47 of the Staff Regulations or an insolvency proceedings, has suspended employment contracts, whether on a continuous basis or not, or has reduced the number of days or hours of work, and subsequently extingan contracts under Articles 51 or 52.c of the Staff Regulations, or Article 64 of Law 22/2003 of 9 July, of which the workers concerned shall be entitled to the replacement of the duration of the benefit by unemployment at the level of the contribution for the same number of days as the total or partial unemployment in a maximum of 180 days for those suspensions or reductions, provided that the following conditions are met:

(a) that the suspensions or reductions in day have occurred between 1 January 2012 and 31 December 2012, both inclusive;

b) That the dismissal occurs between the date of entry into force of this royal decree-law and December 31, 2013.

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

(a) The right to unemployment benefit is resumed.

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

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

3. The replacement provided for in this Article 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. 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.

5. 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 Employment and Social Security to workers affected by processes of conversion and/or restructuring of the social security scheme is determined in 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.

CHAPTER IV

Measures to promote the efficiency of the labour market and reduce work duality

Article 17. Temporary suspension of the application of Article 15 (5) of the Staff Regulations.

Article 5 of Royal Decree-Law 10/2011 of 26 August of urgent measures for the promotion of employment of young people, the promotion of stability in employment and the maintenance of the vocational training programme persons who have exhausted their protection by unemployment, shall be worded as follows:

"Until December 31, 2012, the application of the provisions of Article 15.5 of the recast text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of March 24, is suspended."

Article 18. Termination of the work contract.

One. Article 49 (1) (h) of the recast text of the Law on Workers ' Statute, adopted by Royal Decree-Law 1/1995 of 24 March, is worded as follows:

"(h) By force majeure which makes the provision of work impossible definitively, provided that its existence has been duly established in accordance with the provisions of Article 51 (7)."

Two. Article 49 (1) (i) of the recast text of the Law on Workers ' Statute, adopted by Royal Decree-Law 1/1995 of 24 March, is worded as follows:

"i) By collective dismissal founded on economic, technical, organizational or production causes."

Three. Article 51 of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of March 24, is worded as follows:

" Article 51. Collective redundancy.

1. For the purposes of this Law, collective redundancies shall mean the termination of work contracts based on economic, technical, organisational or production causes where, within a period of 90 days, the extinction of the contract is at least to:

a) Ten workers, in companies with fewer than 100 employees.

b) 10 percent of the number of workers in the company in those who occupy between one hundred and three hundred workers.

c) Thirty workers in companies that occupy more than three hundred workers.

It is understood that economic causes are present when the results of the company result in a negative economic situation, in cases such as the existence of current or anticipated losses, or the persistent decrease in their level of revenue or sales. In any case, the decrease is understood to be persistent if it occurs for three consecutive quarters.

It is understood that technical causes are present when changes occur, among others, in the field of means or instruments of production; organizational causes when changes occur, among others, in the field of systems and methods of staff work or in the way of organizing production and production causes when changes occur, among others, in the demand for the products or services that the company intends to place on the market.

It shall also be understood as collective dismissal for the termination of employment contracts affecting the entire workforce, provided that the number of workers affected is higher than five, when the number of workers concerned is higher than five. produces as a result of the total cessation of its business activity based on the same causes above.

For the purposes of calculating the number of contract extinctions referred to in the first paragraph of this Article, account shall also be taken of any other produced in the reference period on the initiative of the employer in other reasons not inherent in the person of the worker other than those provided for in Article 49 (1) (c) of this Law, provided that their number is at least five.

When in successive periods of ninety days and in order to circumvent the forecasts contained in this article, the company makes contract extinctions under the provisions of Article 52 (c) of this Law in a the number below the thresholds indicated, and without new causes justifying such action, such new extinctions shall be deemed to have been made in law fraud, and shall be declared null and void.

2. Collective redundancies must be preceded by a period of consultation with the legal representatives of workers of a duration not exceeding 30 calendar days, or 15 in the case of companies of less than 50 employees. The consultation with the legal representatives of the workers must be at least on the possibilities of avoiding or reducing collective redundancies and of mitigating their consequences through the use of accompanying social measures, such as as recolocation measures or vocational training or retraining measures for the improvement of employability.

The communication of the opening of the consultation period will be made by written by the employer to the legal representatives of the workers, a copy of which will be made, along with the communication, to the employment authority. The following points shall be entered in that document:

(a) The specification of the causes of collective redundancy as set out in paragraph 1.

b) Number and professional classification of workers affected by dismissal.

c) The number and professional classification of workers habitually employed in the last year.

d) Planned period for the completion of redundancies.

e) Criteria taken into account for the designation of workers affected by redundancies.

This communication must be accompanied by an explanatory note of the causes of collective dismissal and the other aspects mentioned in the previous paragraph.

Received the communication, the labour authority shall inform the managing body of the unemployment benefits and seek, as a mandatory, report from the Labour and Social Security Inspectorate on the communication referred to in the preceding paragraphs and on the development of the consultation period. The report shall be evacuated within 15 days of the notification to the working authority of the end of the consultation period and shall be incorporated in the procedure.

The intervention as interlocutors to the management of the company in the consultation procedure will correspond to the trade union sections when they agree, provided they have the majority representation in the Business committees or among staff delegates.

In the case of the absence of legal representation of workers in the company, they may attribute their representation for the period of consultation to a commission designated in accordance with the provisions of Article 41.4.

During the consultation period, the parties must negotiate in good faith, with a view to reaching an agreement.

The employment authority shall ensure the effectiveness of the consultation period and may, where appropriate, forward warnings and recommendations to the parties which, under no circumstances, shall not cause the suspension or suspension of the procedure.

After the consultation period, the employer shall inform the working authority of the outcome of the consultation. If agreement has been reached, it will be a full copy of the agreement. If not, it shall forward to the workers ' representatives and to the labour authority the final collective redundancy decision which it has taken and the conditions of the decision.

3. Where the extinction affects more than 50 per 100 of the employees, the employer shall take account of the sale of the goods of the undertaking, except those which constitute the normal traffic of the undertaking, to the legal representatives of the employees. workers, and also the competent authority.

4. Communicated the decision to the employees ' representatives, the employer shall notify the employees individually of the redundancies in accordance with the terms laid down in Article 53.1 of this Law. The foregoing shall, however, have elapsed at least 30 days between the date of the communication of the opening of the period of consultation to the labour authority and the date of the termination.

5. The legal representatives of the employees will have priority of staying in the company in the cases referred to in this article. By collective agreement or agreement reached during the consultation period, priority may be given to staying in favour of other groups, such as workers with family burdens, elderly people of particular age or persons with disability.

6. The business decision may be challenged through the actions envisaged for this dismissal. The interposition of the demand by the representatives of the workers will paralyze the processing of the individual actions initiated, until the resolution of that.

The employment authority may challenge the agreements adopted in the consultation period when it considers that the agreements have been reached by fraud, by law, coercion or abuse of law, as well as when the institution of the supply by (a) unemployment would have reported that the agreement could have as its object the improper obtaining of benefits by the workers concerned because of the absence of the motivating cause of the legal situation of unemployment.

7. The existence of force majeure, as a cause for the termination of employment contracts, must be established by the labour authority, irrespective of the number of the workers concerned, following a procedure carried out in accordance with the provided in this section.

The file will be initiated upon request of the company, accompanied by the means of proof that it deems necessary and simultaneous communication to the legal representatives of the workers, who will have the condition of interested in the entire handling of the file.

The resolution of the labour authority shall be issued, in advance of the necessary actions and reports, within five days of the request, and shall have effect from the date of the event causing the force majeure.

The labour authority which finds the force majeure may agree that all or part of the compensation corresponding to the workers affected by the termination of their contracts is satisfied by the Guarantee Fund. Wage, without prejudice to the right of the employer to resarcirse.

8. The obligations of information and documentation provided for in this Article shall apply irrespective of whether the decision on collective redundancies has been taken by the employer or by the undertaking exercising control over it. Any justification by the employer based on the fact that the undertaking which took the decision has not provided the necessary information to it cannot be taken into consideration for that purpose.

9. In the case of procedures for the collective redundancies of undertakings which do not incur insolvency proceedings, which include workers with fifty-five or more years of age who do not have the status of mutualists on 1 January 1967, the the obligation to pay the fees for the financing of a special agreement for the workers referred to above in the terms laid down in the General Law on Social Security.

10. The undertaking carrying out a collective dismissal affecting more than 50 employees must provide the workers concerned with an external relocation plan through approved repositioning undertakings. This plan, designed for a minimum period of 6 months, should include training and career guidance, personalised attention to the affected worker and active job search. In any event, the foregoing shall not apply to undertakings which have undergone a bankruptcy procedure. The cost of drawing up and implementing such a plan will in no case be borne by the workers.

Failure to comply with the obligation laid down in this paragraph or the accompanying social measures taken by the employer may lead to the claim of compliance by the employees, without prejudice to the of the administrative responsibilities arising from the non-compliance.

11. Companies that make collective redundancies in accordance with the provisions of this Article, and which include workers aged 50 or over, must make an economic contribution to the Treasury in accordance with the provisions of this Article. legally. "

Four. Article 52 (b) of the recast text of the Law of the Workers ' Statute, adopted by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" (b) For lack of adaptation of the worker to the technical modifications operated at his/her job, where such changes are reasonable. In advance, the employer must offer the worker a course aimed at facilitating adaptation to the changes that have been made. In the course of training, the employment contract shall be suspended and the employer shall pay the worker the average salary to be paid. The termination may not be agreed by the employer until at least two months after the amendment has been introduced or since the training for the adaptation has been completed. '

Five. Article 52 (d) of the recast text of the Law of the Workers ' Statute, adopted by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" (d) For still-justified but intermittent work-attendance failures, which reach 20% of the working days in two consecutive months, or 25% in four discontinuous months within a period of twelve months.

Not to be counted as non-attendance, for the purposes of the preceding paragraph, the absences due to legal strike for the duration of the same, the exercise of activities of legal representation of the workers, accident at work, maternity, risk during pregnancy and breast-feeding, diseases caused by pregnancy, birth or breast-feeding, paternity, leave and holidays, sickness or non-work accident where the discharge has been agreed by the services (a) official health care and a duration of more than 20 consecutive days, and the physical or psychological situation arising from gender-based violence, accredited by the social services of health care or services, as appropriate. "

Six. The penultimate paragraph of Article 53 (4) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" The extinguishing decision shall be deemed to have been taken provided that the concurrency of the cause on which the late decision was founded has been established and the requirements laid down in paragraph 1 of this Article have been met. Otherwise it will be considered inappropriate. "

Seven. Article 56 (1) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" 1. Where the dismissal is declared inadmissible, the employer may, within five days of the notification of the judgment, choose between the readmission of the worker or the payment of an indemnity equivalent to thirty-three days ' salary. year of service, prorating for months periods of time less than one year, up to a maximum of twenty-four monthly allowances.

The payment of the compensation shall determine the termination of the contract of employment, which shall be understood as the date of the effective cessation of the work. "

Eight. Article 56 (2) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" 2. In the event of a readmission being opted for, the worker shall be entitled to the processing wages. These shall be equal to an amount equal to the sum of the wages left to be paid from the date of dismissal until the notification of the judgment declaring the imprecence or until another employment has been found, if such placement is prior to that judgment and probate by the employer, for his or her discount on the processing wages. "

Nine. Article 56 (4) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" 4. If the dismissal is a legal representative of the workers or a trade union delegate, the option shall always be for the latter. If the option is not to be made, it will be understood to be a readmission. Where the option, expressed or presumed, is in favour of readmission, it shall be required. If you opt for the allowance as if you do so for readmission, you shall be entitled to the processing salaries referred to in paragraph 2. '

Ten. Article 57 (1) of the Recast Text of the Law on Workers ' Statute, adopted by Royal Decree-Law 1/1995 of 24 March, is worded as follows:

" 1. Where the judgment declaring the dismissal of the dismissal is given more than 60 working days from the date on which the application was filed, the employer may claim to the State the payment of the economic perception to which he refers Article 56 (2) of this Law, corresponding to the time exceeding those 60 days. "

Once. Article 209 (4) of the recast text of the General Law on Social Security, adopted by Royal Decree-Law 1/1994 of 20 June, which is adopted, is worded as follows:

" 4. In the event of termination or termination of the employment relationship, the decision of the employer to terminate the relationship shall be understood, by itself and without any need for challenge, as a cause of legal unemployment. The exercise of action against dismissal or termination shall not prevent the birth of the right to benefit. "

Twelve. Article 209 (5) (a) of the recast text of the General Law on Social Security, adopted by Royal Decree-Law 1/1994 of 20 June, is worded as follows:

" (a) When, as a result of the complaint or the appeal, the dismissal is considered inappropriate and the compensation is chosen:

The worker will continue to receive unemployment benefits or, if he is not receiving them, will start to receive them with effect from the date of the effective cessation of work, provided that the unemployment benefits are met paragraph 1 of this Article, taking as the initial date for such compliance that of the act of conciliation or providence of option for the compensation, or, where applicable, that of the judicial decision.

The worker must apply for the recognition of the benefits within the time limit provided for in paragraph 1 of this Article, taking as the initial date for such compliance that of the reconciliation act or the provision of option by the compensation, or, where appropriate, that of the judgment. "

Thirteen. Article 8 (14) of the recast of the Law on Infringements and Sanctions in the Social Order, adopted by Royal Decree-Law 5/2000 of 4 August, is hereby worded as follows:

" 14. Failure by the employer to comply with the obligation laid down in Article 51 (10) of the Staff Regulations or the accompanying social measures taken by the employer in the context of the dismissal proceedings collective. "

Article 19. Salary Guarantee Fund.

Article 33 (8) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" 8. In contracts of an indefinite nature concluded by undertakings of less than twenty-five employees when the contract is terminated by the causes provided for in Articles 51 and 52 of this Law or in Article 64 of Law 22/2003 of 9 July, Insolvency, a part of the compensation corresponding to the worker will be subject to compensation to the employer by the Guarantee Fund in an amount equal to eight days of salary per year of service, prorating for months time periods of less than one year. The compensation for the Salarial Guarantee Fund shall not apply to the extinctions which have been declared as impropriety, either in administrative or judicial conciliation or by judgment.

The calculation of the amount of this credit shall be made on the allowances adjusted to the limits provided for in paragraph 2 of this Article. "

CHAPTER V

Amendments to Law 36/2011 of October 10, regulating social jurisdiction

Article 20. Of jurisdiction and jurisdiction.

One. Article 2 (n) of Law 36/2011, of 10 October, Regulatory of Social Jurisdiction, is worded as follows:

(n) In the case of administrative decisions of the labour authority, which are subject to the exercise of the power of sanction in the field of labour and trade union and, in respect of other challenges of other acts of the Public administrations subject to the administrative law in the exercise of their powers and functions in labor and union matters that put an end to the administrative route, provided that in this case their knowledge is not attributed to another order jurisdictional. "

Two. Article 6 (2) (a) of Law 36/2011, of 10 October, Regulation of the Social Jurisdiction, is worded as follows:

"(a) The organs of the General Administration of the State and of the public bodies linked to or dependent on it, provided that their organic level is lower than that of the Minister or Secretary of State."

Three. Article 7 of Law 36/2011 of 10 October, Regulatory of Social Jurisdiction, is worded as follows:

" The Social Rooms of the Supreme Courts of Justice will know:

(a) In a single instance, of the proceedings on the matters referred to in points (f), (g), (h), (j), (k) and (l) of Article 2 where they extend their effects to a territorial area higher than that of the district of a Court of Social and not superior to that of the Autonomous Community, as well as all those who expressly attribute to them the laws.

In addition, they will be aware in a single instance of the collective dismissal proceedings challenged by the workers ' representatives in accordance with the provisions of Article 124 (1) to (10) of this Law, when they extend their effects on a territorial scope not exceeding that of the Autonomous Community.

(b) Also in a single instance, of the proceedings of challenge of acts of public administrations attributed to the social order in Article 2 (n) and (s), when they have been dictated by the Council of Government of the Autonomous Community or by organs of the General Administration of the State with an organic level of Minister or Secretary of State, provided that, in the latter case, the act has confirmed, in the course of appeal or in the procedure of audit or guardianship, which have been dictated by different bodies or bodies with jurisdiction throughout the territory national.

c) Of the pleading resources set forth in this Law against the judgments handed down by the Courts of the Social of your constituency.

d) Of the appeals against the orders of the judges of the mercantile as provided for in Articles 64.8 and 197.8 of Law 22/2003, of July 9, Bankruptcy.

e) Of the questions of competence that arise between the Courts of the Social of your constituency. "

Four. Article 8 (1) of Law 36/2011, of 10 October, Regulatory of Social Jurisdiction, is worded as follows:

" 1. The National Court's Chamber of Social Affairs shall in a single instance be aware of the proceedings on the matters referred to in points (f), (g), (h), (j), (k) and (l) of Article 2 when they extend their effects to a territorial area higher than that of a The Autonomous Community or, in the case of an objection, to have corresponded, where appropriate, to this Chamber, the knowledge of the matter submitted to arbitration.

In addition, they will be aware in a single instance of the collective dismissal proceedings challenged by the workers ' representatives in accordance with the provisions of Article 124 (1) to (10) of this Law, when they extend their effects on a territorial scope higher than that of an Autonomous Community. '

Article 21. Of the procedural acts.

Article 43 (4) of Law 36/2011, of 10 October, Regulatory of Social Jurisdiction, is worded as follows:

" 4. The days of August shall be non-working, except in the case of the procedural arrangements for dismissal, the termination of the contract of employment of Articles 50, 51 and 52 of the recast of the Law on Workers ' Statute, geographical mobility, amendment substantial of the working conditions, suspension of the contract and reduction of working hours for economic, technical, organizational or production causes or derived from force majeure, rights of reconciliation of the personal, family and work of the Article 139, impeachment of senior doctors, holidays, electoral matters, conflicts collective agreements, the challenge of collective agreements and the protection of fundamental rights and public freedoms, both in the declarative process and in the process of recourse or execution. "

Article 22. From process avoidance

One. Article 64 (1) of Law 36/2011, of 10 October, Regulatory of Social Jurisdiction, is worded as follows:

" 1. Except for the requirement of an attempt to reconcile or, where appropriate, mediation, processes requiring the prior complaint on administrative or other forms of exhaustion of the same, if any, those relating to social security, the concerning the challenge of collective dismissal by workers ' representatives, enjoyment of holidays and electoral matters, geographical mobility, substantial modification of working conditions, suspension of the contract and reduction of working time for economic, technical, organisational or production reasons or derived from force majeure; rights of reconciliation of personal, family and work life referred to in Article 139, the ex officio initiates, the rights of contestation of collective agreements, the rights of challenge of the statutes of the trade unions or of their modification, protection of fundamental rights and public freedoms, the processes for the annulment of arbitration awards, the proceedings of contestation agreements of reconciliations, mediations and transactions, as well as those in which labour actions are exercised protection against gender-based violence. "

Two. Article 70 (1) of Law 36/2011, of 10 October, Regulatory of Social Jurisdiction, is hereby worded as follows:

" 1. Except for the requirement of prior complaint, the processes relating to the challenge of collective dismissal by the representatives of the employees, enjoyment of holidays, electoral matters, geographical mobility, substantial modification of the working conditions, suspension of the contract and reduction of working time for economic, technical, organizational or production reasons or arising from force majeure, rights of reconciliation of personal, family and work life to which the Article 139, ex officio procedures, collective disputes, contestation of conventions The Commission has also proposed that the Commission should be aware of the fact that it is not a matter for the Commission to take the necessary steps to ensure that it does not have the right to take action. Article 33 of the Recast Text of the Law of the Workers ' Statute. "

Article 23. Of the procedural modalities

One. Article 110 (1) of Law 36/2011 of 10 October, regulating social jurisdiction, is worded as follows:

" 1. If the dismissal is declared inadmissible, the employer shall be sentenced to the readmission of the worker under the same conditions as before the dismissal, as well as to the payment of the processing salaries referred to in paragraph 2 of the Article 56 of the recast of the Law of the Staff Regulations of Workers or, at the choice of that, to which an indemnity is paid, the amount of which shall be fixed in accordance with the provisions of Article 56 (1) of that Law, with the following particularities:

(a) In the act of judgment, the party holding the option between readmission or indemnity may, in the case of a declaration of origin, anticipate its choice by means of an expression in that regard, on which it is shall act in the judgment, without prejudice to the provisions of Articles 111 and 112.

(b) At the request of the applicant, if the readmission is not made, it may be agreed, in the event of the dismissal, to have the option for compensation in the judgment, declaring the relationship in the judgment itself and by condemning the employer to pay the severance pay, calculated up to the date of the judgment.

(c) In the case of redundancies imposed on workers whose employment relationship is of a special nature, the amount of the compensation shall be that laid down, where appropriate, by the rule governing that special relationship. "

Two. Article 111 (1) (b) of Law 36/2011, of 10 October, on social jurisdiction, is worded as follows:

" (b) Where the employer's choice would have been for the compensation, both in cases where the appeal is brought by the employer and by the worker, the readmission shall not proceed while the appeal is punishable, even if the the processing of the appeal shall be deemed to be an involuntary unemployment legal status within the meaning of Article 208 (3) of the recast of the General Law on Social Security, approved by the Royal Decree Legislative 1/1994 of 20 June.

If the judgment which resolves the action brought by the worker raises the amount of the compensation, the employer may, within five days of the date of his notification, change the meaning of his/her choice and, In such cases, the readmission shall take back its economic effects on the date on which the first election took place, by deducting from the amounts paid by that concept which, if appropriate, the worker would have received as a result of the unemployment benefit. The said amount, as well as the amount corresponding to the business contribution to the Social Security by that worker, shall be paid by the employer to the managing entity.

For the purposes of recognition of a future right to unemployment protection, the period referred to in the preceding paragraph shall be deemed to be a listed occupation. "

Three. The heading of Chapter IV of Title II of the Second Book of Law 36/2011 of 10 October, Regulatory of Social Jurisdiction, is worded as follows:

" CHAPTER IV

From the extinction of the contract for objective causes, by collective dismissal and other causes of extinction. "

Four. The heading of Section 2 of Chapter IV of Title II of the Second Book of Law 36/2011 of 10 October, Regulatory of Social Jurisdiction, is worded as follows:

"Section 2. Collective Redundancies for economic, organizational, technical or production causes or derived from force majeure."

Five. Article 124 of Law 36/2011 of 10 October, Regulatory of Social Jurisdiction, is worded as follows:

" Article 124. Collective redundancies for economic, organizational, technical or production causes or derived from force majeure.

1. The business decision may be challenged by the legal or trade union representatives of the employees through the process provided for in the following paragraphs.

2. The application may be based on the following reasons:

a) That the legal cause indicated in the written communication is not present.

(b) That the provisions of Articles 51.2 or 51.7 of the Staff Regulations have not been complied with.

c) That the extinguishing decision has been taken with fraud, intent, coercion or abuse of law.

In no case may the claims relating to the application of the rules of priority of permanence laid down legally or conventionally or laid down in the agreement adopted in the period of consultations. Such claims shall be made through the individual procedure referred to in paragraph 11 of this Article.

3. If the period of consultation provided for in Article 51 of the Workers ' Statute has been completed by agreement, the signatories of the Staff Regulations shall also be required.

4. In order to present the application, none of the forms of avoidance of the process referred to in Title V of Book I of this Law shall be exhausted.

5. The application must be submitted within the period of expiry of 20 days from the notification to the employees ' representatives of the collective dismissal decision taken by the employer at the end of the period of consultation of Article 51 of the Staff Regulations.

6. This process will be urgent. The preference in the dispatch of these matters shall be absolute upon any other, except for the protection of fundamental rights and public freedoms. No appeal shall be made against the decisions taken to deal with the proceedings, except for the initial declaration of incompetence.

7. When the application is accepted, the judicial secretary will transfer the same to the defendant and will require him to present the documentation and the minutes of the period of the five-day period. consultations and the communication to the labour authority of the outcome of the consultation.

In that same order, the judicial secretary will instruct the employer to notify workers within five days that the existence of the process proposed by the group could be affected by the collective dismissal. the representatives of the employees, so that within 15 days they shall communicate to the court an address for the purpose of notification of the judgment.

In the event of an unjustified refusal by the employer to forward these documents or to inform the workers who might be affected, the judicial secretary will reiterate by the urgent route his immediate referral within three months. days, with a warning that failure to comply with this second requirement will impose the measures referred to in Article 75 (5), and may be subject to the effects of the subsequent judgment on the facts which it seeks to accredit the complaining party.

When the application is accepted, the judicial secretary shall agree to obtain from the Labour Authority a copy of the administrative file relating to the collective dismissal.

8. After the deadline of 10 working days from the end of the period for bringing the proceedings, the Registrar shall cite the parties to the act of the trial, which shall be held on a single call within 15 days. The summons shall, on the basis of a request, be made of the prior transfer between the parties or the advance payment, preferably on a computer basis, five days in advance of the act of judgment, of the documentary or expert evidence which, by its volume or complexity, it is appropriate to allow your pre-test examination at the time of the test.

9. The judgment shall be delivered within five days of the conclusion of the judgment and shall be subject to an ordinary appeal.

The extinguishing decision shall be declared to be right when the employer, having complied with the provisions of Articles 51.2 or 51.7 of the Workers ' Statute, accredits the concurrence of the legal cause of the decision.

The judgment shall declare the extinguishing decision null and void where the provisions of Articles 51.2 or 51.7 of the Staff Regulations have not been complied with, or obtained the judicial authorization of the judge of the contest in cases where is legally intended, as well as when the business measure has been carried out in violation of fundamental rights and public freedoms or with fraud, intent, coercion or abuse of law.

The judgment shall be declared non-legal, the decision extinguishing when the employer has not accredited the concurrency of the legal cause indicated in the extinguishing communication.

10. Once the judgment is signed, those who would have been a party and the workers who could be affected by the collective dismissal who would have brought an address for the purposes of notifications to the courts would be notified to the effects referred to in point (b) of paragraph 11 of this Article.

The firm statement will be notified to the employment authority, the managing body of the unemployment benefit and the Social Security Administration when they have not been a party to the process.

11. Where the object of the process is the individual challenge of the termination of the contract of employment before the Social Court, the provisions of Articles 120 to 123 of this Law shall be included in the following specialties:

(a) When the object of the debate is viewed on preferences attributed to certain workers, they must also be sued. Workers ' representatives must also be sued when the measure has the conformity of those workers.

(b) If the individual process is initiated by the representatives of the employees against the business decision within the meaning of the preceding paragraphs, the process shall be suspended until the date of the start of the individual proceedings. (a) a decision taken by the representatives of the employees, which shall, once it is established, have the effect of res judicata on the individual process in the terms of Article 160 (3

.

(c) The dismissal shall be null and void, in addition to the reasons set out in Article 122.2 of this Law, when the provisions of Articles 51.2 or 51.7 of the Workers ' Statute are not complied with, or where the judicial authorization of the judge of the contest, in the cases where it is legally provided.

The termination of the contract agreed by the employer will also be void without respecting the priorities of permanence that could be established in the laws, collective agreements or the agreement reached during the period of queries. This nullity shall not affect the extinctions within the same collective dismissal that have respected the priorities of permanence. "

Six. The heading of Section 4. Chapter V of Title II of the Second Book of the Law on Social Jurisdiction is worded as follows:

"Section 4. Third geographical mobility, substantial changes in working conditions, suspension of contract and reduction of working hours due to economic, technical, organizational or production causes or due to force majeure."

Seven. Article 138 of Law 36/2011 of 10 October, Regulatory of Social Jurisdiction, is worded as follows:

" 1. The process will be initiated on the demand of the workers affected by the business decision, even if the procedure of Articles 40, 41 and 47 of the Workers ' Statute has not been followed. The application must be submitted within the period of expiry of the 20 working days following the written notification of the decision to the employees or their representatives in accordance with Article 59 (4) of the Staff Regulations. (a) the workers, the time limit which shall not begin to be taken into account until such notification takes place, without prejudice to the limitation in any event of the action arising in the course of the period provided for in Article 59 (2) of the Staff Regulations; Workers.

2. When the object of the debate is viewed on preferences attributed to certain workers, they must also be sued. Workers ' representatives must also be sued when, in the case of transfers, modifications, suspensions or reductions of a collective nature, the measure has the conformity of those.

3. The court may obtain an urgent report from the Labour and Social Security Inspectorate, which shall send it copies of the application and documents accompanying it. The report shall deal with the facts invoked as supporting the business decision in relation to the agreed amendment and other concurrent circumstances.

4. If, once the process is initiated, there is a demand for collective conflict against the business decision, that process will be suspended until the resolution of the demand for collective conflict, which once firm will have the efficacy of res judicata on the individual processing under the terms of Article 160 (3).

However, the agreement between the employer and the legal representatives of the workers who may be placed upon the process will not interrupt the continuation of the procedure.

5. The procedure will be urgent and will be given preferential treatment. The act of the hearing shall be held within five days of the date of the acceptance of the application, if the report provided for in paragraph 3 of this Article has not been sought.

6. The judgment shall be delivered within five days and shall be immediately enforceable. No further action shall be taken against it, except in the cases of geographical mobility provided for in Article 40 (2) of the Staff Regulations, in respect of substantial changes in working conditions where they are collective character in accordance with Article 41 (4) of the Staff Regulations, and in the suspensions and reductions in working time provided for in Article 47 of the Staff Regulations affecting a number of workers equal to or higher to the thresholds provided for in Article 51 (1) of the Staff Regulations.

7. The judgment shall state whether the business decision is justified or unjustified, whether or not it has been established in respect of the workers concerned, the reasons invoked by the undertaking.

The judgment in which the business decision is justified shall recognise the right of the worker to terminate the contract of employment in the cases provided for in Article 40 (1) and Article 41 (3) of the Treaty. Staff Regulations, giving effect to the deadline of 15 days.

The judgment that declares the measure unjustified will recognize the right of the worker to be replaced in his previous working conditions, as well as to the credit of the damages that the business decision could have been cause during the time it has produced effects.

The decision taken in law fraud will be declared null, circumventing the rules concerning the period of consultation set out in Articles 40.2, 41.4 and 47 of the Workers ' Statute, as well as when it has as its mobile the causes of discrimination laid down in the Constitution and in the Law, or where the worker's fundamental rights and public freedoms are infringed, including, where appropriate, the other cases in which the declaration of invalidity of the dismissal in Article 108 (2).

8. Where the employer does not proceed to reintegrate the worker in his or her previous working conditions or in an irregular manner, the worker may apply for the execution of the judgment before the Court of Social and the termination of the contract for the purposes of as provided for in Article 50 (1) (c) of the Staff Regulations, as laid down in Articles 279, 280 and 281.

9. If the judgment declares the invalidity of the business measure, its execution shall be carried out on its own terms, unless the worker provides for the execution provided for in the preceding paragraph. In any event, the time limits laid down therein shall apply. "

Eight. Article 151 (11) of Law 36/2011, of 10 October, Regulatory of Social Jurisdiction, is deleted.

Nine. Article 153 (1) of Law 36/2011, of 10 October, Regulatory of Social Jurisdiction, is worded as follows:

" 1. Applications which concern the general interests of a generic group of workers or a generic collective capable of individual determination and which relate to the application and interpretation of an individual group shall be dealt with through this process. state rule, collective agreement, whatever its effectiveness, agreements or agreements of undertakings, or of a collective business decision, including those governed by Article 40 (2), Article 41 (2), and Suspension and reduction of working hours provided for in Article 47 of the Staff Regulations of workers affecting the a number of workers equal to or exceeding the thresholds laid down in Article 51 (1) of the Staff Regulations, or of a business practice and agreements of professional interest of the self-employed economically dependent, as well as the direct challenge of collective agreements or covenants not covered by Article 163 of this Law.

The business decisions of collective redundancies shall be dealt with in accordance with the provisions of Article 124 of this Law. "

Ten. Article 184 of Law 36/2011 of 10 October, Regulatory of Social Jurisdiction, is worded as follows:

" Article 184. Exercise demands required through the corresponding procedural mode.

By way of derogation from the foregoing and without prejudice to the provisions of Article 178 (2), the dismissal claims and the other causes of termination of the contract of employment, the (a) substantial working conditions, the suspension of the contract and the reduction of working hours due to economic, technical, organizational or production causes or due to force majeure, the enjoyment of holidays, those of electoral matters, (a) the challenge of the association of trade unions or of their modification, of geographical mobility, of rights of reconciliation of personal, family and work life as referred to in Article 139, the rights to challenge collective agreements and those of penalties imposed by employers on workers in whom the injury of rights is invoked. fundamental and public freedoms will be dealt with inexcusably, in accordance with the procedural arrangements for each of them, giving priority to these processes and accumulating in them, as provided for in paragraph 2 of the Article 26, the claims of protection of fundamental rights and public freedoms with the the respective procedural mode. "

Article 24. Of the means of impeachment.

One. Article 191 (2) (e) of Law 36/2011, of 10 October, Regulation of the Social Jurisdiction, is hereby worded as follows:

(e) Geographical mobility processes other than those provided for in Article 40 (2) of the Staff Regulations; in the case of substantial changes in working conditions, except where they are of a collective nature in accordance with Article 41 (2) of the Staff Regulations; and in the case of change of post or functional mobility, except where it is possible to accumulate such other action which may be subject to a request; and in the case of suspensions and reductions (a) the working time provided for in Article 47 of the Staff Regulations affecting a number of workers below the thresholds laid down in Article 51 (1) of the Staff Regulations. "

Two. Article 191 (3) (a) of Law 36/2011, of 10 October, Regulation of the Social Jurisdiction, is hereby worded as follows:

"a) In proceedings for dismissal or termination of the contract, except in the process of collective dismissal challenged by the workers ' representatives."

Three. Article 206 (1) of Law 36/2011, of 10 October, Regulatory of Social Jurisdiction, is hereby worded as follows:

" 1. The judgments given in a single instance by the Chambers referred to in paragraph 1 of the preceding Article, with the exception of judgments handed down in proceedings against the acts of public administrations, are to be brought to an appeal. the social order in Article 2 (n) and (s) which are subject to economic valuation where the amount of litigation does not exceed one hundred and fifty thousand euro. '

Article 25. From the execution of statements.

Article 281 (2) (b) of Law 36/2011, of 10 October, Regulatory of Social Jurisdiction, is hereby worded as follows:

" (b) The economic perceptions provided for in Article 56 (1) and (2) of the Staff Regulations shall be paid to the worker. In the light of the circumstances and the damage caused by the non-readmission or the irregular readmission, additional compensation of up to 15 days ' salary per year of service and a maximum of 12 monthly allowances may be fixed. In both cases, the time periods of less than one year shall be prorated and computed, such as service time, after the date of the car. "

Additional disposition first. Financing, implementation and control of bonuses and reductions in social contributions.

1. The quota allowances provided for in this royal decree shall be financed from the corresponding budget item of the State Employment Public Service. The reductions in quotas provided for the hiring and processing of contracts for training and apprenticeship established in this royal decree shall be financed from the corresponding budget item of the Treasury. General of Social Security.

2. The allowances and reductions in social security contributions shall be applied by the employers on an automatic basis in the relevant contribution documents, without prejudice to their inspection and review by the Labour Inspectorate. Social Security, by the General Treasury of Social Security and by the Public Service of State Employment.

3. The General Treasury of Social Security shall provide monthly to the State Employment Public Service, the number of workers subject to allowances for Social Security contributions, disaggregated by each of the bonus groups, with their respective contribution bases and deductions to be applied in accordance with the employment incentive programmes and which are funded by the State Employment Public Service.

4. At the same time, the Directorate-General of the State Employment Service shall provide the Directorate-General for Labour Inspection and Social Security with the necessary information on the number of contracts communicated to it. Quota allowances, detailed by collectives, as well as information on the contributions and deductions applied to them is accurate, to the effect of making it easier for this management centre to plan and schedule the action (a) to monitor the proper application of the allowances provided for in the corresponding employment incentive programmes, by the subjects who are beneficiaries of the scheme.

Additional provision second. Application of dismissal for economic, technical, organizational or production causes in the Public Sector.

An additional twenty-one provision is added to the Recast Text of the Workers ' Statute approved by Royal Legislative Decree 1/1995, of March 24, with the following content:

" dismissal for economic, technical, organisational or production causes of the labour force at the service of the entities, bodies and entities forming part of the public sector in accordance with Article 3.1 of the recast text of the Law on Public Sector Contracts, approved by the Royal Legislative Decree 3/2011 of 14 November, will be carried out in accordance with the provisions of Articles 51 and 52.c) of the Workers ' Statute and its implementing rules and in the framework of the preventive and corrective mechanisms regulated in the rules of budgetary stability and financial sustainability of public administrations.

For the purposes of the causes of these layoffs in the Public Administrations referred to in Article 3.1 of the recast of the Law on Public Sector Contracts, it will be understood that economic causes will be present when it occurs. in the same way a situation of excessive and persistent budgetary insufficiency for the financing of the corresponding public services. In any event, budgetary insufficiency shall be understood to be persistent if it occurs for three consecutive quarters. Technical reasons shall be understood to be the case where changes occur, inter alia in the field of the means or instruments of the provision of the public service concerned and organisational causes, where changes occur, inter alia, in the the scope of the systems and working methods of the staff assigned to the public service. "

Additional provision third. Application of Article 47 of the Staff Regulations in the Public Sector.

An additional twenty-first provision is added to the Recast Text of the Workers ' Statute approved by Royal Legislative Decree 1/1995, of March 24, with the following content:

" The provisions of Article 47 of this Law shall not apply to public administrations and to public law entities linked to or dependent on one or more of them and other public bodies, except for those that are financed mainly from income earned as a counterpart to transactions on the market. '

Additional provision fourth. Control of the temporary and mutual disability of occupational accidents and occupational diseases.

The government, after consultation with the social partners, will study within six months the modification of the legal regime of the Mutual and Occupational Accidents of Accidents for a more effective management of temporary incapacity.

Additional provision fifth. National Consultative Commission on Collective Agreements.

1. The National Consultative Commission of Collective Agreements, in addition to developing the functions established in this royal decree-law, will continue to carry out its activities, as established in the Second Transitional Disposition of the Royal Decree-Law 7/2011, of 10 June, of urgent measures for the reform of collective bargaining.

2. The Government will approve within one month from the entry into force of this royal decree-law, a royal decree regulating the National Consultative Commission of Collective Agreements, developing its functions, establishing its procedures for action and support measures for the development of the functions of the Employment Directorate-General of the Ministry of Employment and Social Security.

Additional provision sixth. Support measures for the National Consultative Commission on Collective Agreements.

For the development of the functions established in this royal decree-law, the National Consultative Commission of Collective Agreements, attached to the Directorate General of Employment of the Ministry of Employment and Social Security, will be strengthened in their actions by the Directorate-General for Employment, without prejudice to what is laid down in the rules for regulatory development, after consultation with the most representative trade union and business organisations.

Additional provision seventh. Rules applicable to credit institutions.

One. Compensation for termination of the contract.

1. Entities which are mainly or financially supported by the Bank Ordered Restructuring Fund may not in any case satisfy any termination of contract that exceed the following amounts: (a) twice the resulting maximum bases, respectively, of the rules 3. and 4. of Article 5.3.a) of Royal Decree-Law 2/2012 of 3 February, of consolidation of the financial sector; or (b) two years of the fixed remuneration stipulated.

2. The exception of the previous rule is the case of managers and directors who have been incorporated into the institution or their group after or simultaneously with the participation or financial support of the Restructuring Fund. In the case of the Bank of Spain, in the light of the contractually stipulated conditions and the results of the reorganisation plan, the Bank of Spain may authorise higher amounts than those resulting from the application of the Article 5 (3) (a) of the Royal Decree-Law 2/2012 of 3 February, but always with the two-year limit of the fixed remuneration originally stipulated.

Two. Termination of the contract of persons exercising management or management positions in a credit institution on the basis of the imposition of sanctions.

1. The imposition of the penalties referred to in Article 12.1 of Law 26/1988 of 29 July on Discipline and Intervention of Credit Entities, to persons carrying out administration or management positions in a credit institution in a contract of employment, including employment relationships of a special character for senior staff, shall be deemed, for the purposes of employment law, to be a serious and guilty breach of contract and, therefore, cause of dismissal disciplinary, and may lead to the termination of the contract by the employer.

2. Likewise, the imposition of such sanctions shall be considered as a fair cause of extinction or termination of contracts that have a distinct nature of the work.

3. In the case of termination of the contract in accordance with the provisions of the preceding paragraphs, persons carrying out administration or management positions in a credit institution shall not be entitled to any compensation for such termination, whatever the amount or form thereof, and regardless of the legal standard, contract, individual or collective agreement or agreement of origin and contract, agreement or agreement of a civil or commercial nature in which the payment of the compensation.

Three. Suspension of the contract of persons exercising management or management positions in a credit institution.

1. The contract of employment or of any other nature of persons exercising management or management positions in a credit institution may be suspended for the following reasons:

(a) When, in accordance with Article 24 of Law 26/1988, of July 29, on Discipline and Intervention of Credit Entities, the provisional suspension of persons is available which, with the administration or management at the credit institution, appear as suspects responsible for very serious violations.

(b) Where, in the cases provided for in paragraphs (c) and (d) of Article 7.1 of Royal Decree-Law 9/2009 of 26 June 2009 on bank restructuring and the strengthening of the own resources of credit institutions, the Bank Spain agrees to the provisional replacement of the administrative or management bodies of the credit institution.

2. The suspension of the contract referred to in the preceding paragraph shall be of the same duration as the provisional suspension or temporary replacement agreed and shall entail mutual exemption from the obligations to work or provide services and pay for the work or for the provision of those.

Additional disposition octave. Specialties in the commercial and senior management contracts of the state public sector.

One. Scope of application.

This provision applies to the state public sector formed by the entities provided for in Article 2.1 of Law 47/2003 of 26 November, General Budget, with the exception of only the managing entities, common services and mutual services of occupational accidents and occupational diseases of social security, as well as their centres and joint entities referred to in point (d) of the same Article.

Two. Compensation for extinction.

1. The termination, by withdrawal of the employer, of the commercial and senior management contracts, whatever the date of their conclusion, of the staff providing services in the state public sector, will only give rise to compensation. exceeding seven days per year of annual cash remuneration, with a maximum of six monthly payments.

2. The calculation of the compensation shall be made taking into account the annual cash remuneration which at the time of the extinction is being collected as full and full fixed remuneration, excluding the variable incentives or allowances if the there.

3. No allowance shall be made for any compensation where the person, whose commercial or senior management contract is terminated, by withdrawal of the employer, has the status of a career official of the State, of the Autonomous Communities or of the Local entities, or is an employee of a state, regional or local public sector entity with a job reserve.

4. The withdrawal must be communicated in writing, with a maximum period of notice of fifteen calendar days. In the event of non-compliance with the above notice, the entity shall indemnify with an amount equal to the remuneration corresponding to the missed notice period.

Three. Remuneration.

1. The remuneration to be set in the commercial or senior management contracts of the State public sector is classified, exclusively, in basic and complementary.

2. The basic remuneration shall be based on the characteristics of the institution and include the minimum compulsory remuneration allocated to each individual responsible, manager or contract staff, on the basis of the classification group in which it is the entity is classified by the entity that exercises the financial supervision or supervision of the entity or, where applicable, the shareholder.

3. The complementary remuneration comprises a post complement and a variable complement. The complement of the post would pay for the specific features of the functions or managerial posts and the variable complement would pay for the achievement of previously established objectives. These supplements shall be assigned by the person who exercises the control or financial supervision of the entity or, where appropriate, by the shareholder.

4. The provisions of the three preceding paragraphs shall apply to state commercial companies. The other entities subject to the scope of this provision shall be subject to the development approved by the Government in accordance with paragraph 6.

Four. Review of legality.

1. The contracts referred to in this provision which are signed shall, before being formalised, be submitted to the prior report of the State Advocate or body providing the legal advice of the body exercising control or supervision. the financial institution of the public sector entity, or, where appropriate, the shareholder, who intends to hire the maximum responsible or manager.

2. The terms of the commercial or senior management contracts referred to in this provision which are contrary to the provisions of this provision shall be null and void.

3. The bodies exercising the control or financial supervision of these entities shall take the necessary measures to ensure that the provisions of this provision are complied with in the conclusion and formalisation of the abovementioned contracts, without prejudice to the any civil, administrative, accounting or other liability in respect of which they may incur in the event of non-compliance with this provision.

Five. Effective.

This provision shall apply to commercial or senior management contracts concluded prior to its entry into force, the content of which shall be adapted to the terms laid down in this additional provision in the two-month period from its entry into force.

The termination of the contract, whichever is the date of its conclusion, will be governed by this provision once it enters into force.

Six. Regulatory enablement.

The Government, on the proposal of the Minister of Finance and Public Administration, in the light of the economic situation and economic policy measures, may modify the amounts and limitations of the compensation payments. established in this provision, as well as the development of the provisions of its third paragraph. The Minister for Finance and Public Administrations shall fix the system of compensation for expenditure in respect of allowances, displacements and other analogues resulting from the performance of the duties of the maximum responsible, management or staff with commercial or senior management contracts.

Additional provision ninth. Adaptation of collective agreements to the new system of professional classification.

Within one year the collective agreements in force will have to adapt their system of professional classification to the new legal framework provided for in Article 22 of the Workers ' Statute, in the wording given by this real decree-law

First transient disposition. Transitional arrangements for the performance of temporary work enterprises as placement agencies.

1. Temporary employment undertakings which, on the date of entry into force of this rule, have not already been authorised administratively for the purpose of carrying out their activity, may act as colocation agencies in so far as they are submit to the competent Public Employment Service a statement responsible for meeting the requirements laid down in Law 56/2003 of 16 December 2003 on Employment and its implementing rules.

2. The companies referred to in this provision shall record their approval number as a temporary work undertaking in their advertising and in their offers of recruitment and selection of workers, placement, guidance and training. professional and recolocation, as long as they are not provided with the authorization number as a placement agency.

3. As not provided for in this provision, the provisions of Law 56/2003 of 16 December 2003 on Employment and its implementing rules shall apply.

4. The Minister for Employment and Social Security is hereby authorised to approve the provisions which may, where appropriate, be necessary for the implementation of the provisions of this provision.

Second transient disposition. Bonuses in existing contracts.

The bonuses and reductions in the business quotas of Social Security that were to be enjoyed by the contracts concluded before the date of entry into force of this royal decree-law will be governed by the rules in force at the time of their conclusion or, where appropriate, at the time of the commencement of the enjoyment of the allowance or reduction.

Transitional provision third. Rules on the replacement of unemployment benefits.

Workers whose employment contract had been extinguished prior to the date of entry into force of this royal decree-law, in the cases laid down in Article 16 thereof, and which had previously been affected by the files for temporary regulation of suspension of contracts or reduction of working time in the cases referred to in that provision, shall be entitled, where appropriate, to the replacement of unemployment benefits on the terms and limits laid down in the rules in force at the time of the dismissal or administrative decision or court that authorized the termination of the contract.

Transitional disposition fourth. Validity of the conventions denounced at the date of entry into force of this royal decree-law.

In the collective agreements which were already denounced at the date of entry into force of the actual decree-law, the two-year period referred to in Article 86 (3) of the recast of the Law of the Statute of Workers, approved by Royal Legislative Decree 1/1995, of March 24, in the wording given to it by this royal decree-law will begin to be computed from its entry into force.

Transient disposition fifth. Compensation for wrongful termination.

1. The severance allowance provided for in Article 56 (1) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of March 24, in the wording given by this royal decree-law, shall apply to contracts entered into on the basis of the entry into force of the contract.

2. The compensation for dismissal arising from contracts entered into before the entry into force of this royal decree shall be calculated at the rate of 45 days ' salary per year of service for the time of provision of the preceding service to that date of entry into force and at the rate of 33 days of salary per year of service for the time of provision of subsequent services. The resulting compensation may not exceed 720 days of salary, except that the calculation of the compensation for the period preceding the entry into force of this royal decree results in a higher number of days, in which case apply as the maximum compensation amount, without this amount being greater than 42 monthly allowances, in no case.

3. In the case of workers with contract to promote indefinite hiring, the provisions of the Sixth Transitional Disposition of this royal decree-law will be available.

Transitional disposition sixth. Contracts for the promotion of indefinite contracts concluded before the entry into force of this royal decree-law.

The contracts for the promotion of indefinite contracts concluded prior to the date of entry into force of this royal decree-law will continue to be governed by the regulations under which they were concerned.

notwithstanding the foregoing, in the event of disciplinary dismissal, the wrongful termination allowance shall be calculated in accordance with the provisions of paragraph 2 of this royal decree-law's fifth transitional provision.

Transitional disposition seventh. Training activity and its funding in the contracts for training and learning in force.

1. In the case of contracts for training and apprenticeship signed from 31 August 2011 until the entry into force of this royal decree-law, in cases where there is a degree of professional training or a related certificate of professionalism with the effective work to be carried out, and training centers available for its delivery, the training activity inherent in these contracts will be initiated, upon request by the company, once it has been authorized by the Public Services of Employment of the Autonomous Communities. This authorisation shall be communicated to the State Employment Public Service for the purposes of monitoring the application of the corresponding bonuses.

2. In cases where there is no professional training or certificate of professionalism related to the actual work to be carried out, or training centres available for delivery, the training activity inherent in these contracts is constituted by the minimum indicative contents established in the file of training specialties, accessible for consultation on the website of the Public Service of State Employment, www.sepe.es, for occupations or specialties relating to the work activity referred to in the contract; failing that, it shall be constituted by the training contents determined by the companies or communicated by them to the Public Service of State Employment, for the purposes of their validation in the framework of the National Employment System.

3. In the cases referred to in the preceding paragraph, the duration of the training activity shall be in accordance with the characteristics of the employment activity to be performed, while respecting the number of hours established by the Public Service State employment for training courses suitable for such work.

4. In the cases referred to in paragraph 2, the training inherent in the contract shall be carried out by the undertaking directly or through the centres approved by the State Employment Public Service.

5. The qualification or professional competence acquired through the contract for training and learning, in the cases referred to in paragraph 2, shall be subject to accreditation in the terms referred to in Article 11.2 of the Royal Decree 395/2007, of 23 March, for which the occupational training subsystem for employment is regulated.

6. Until the entry into force of the regulatory development of this royal decree-law, in the cases referred to in this transitional provision, companies will be able to finance the cost of training inherent in contracts for training and training. (a) apprenticeship by means of bonuses in the business of the Social Security, under the heading provided for in the budget of the State Employment Service for the financing of the allowances in the security contributions Social partners, which are welcome to employment promotion measures for employment.

For these purposes, Articles 9, 10 and 11 of the Order of the Ministry of Labour and Social Affairs of 4 July 1998 on the training aspects of the training contract and its rules of procedure will apply. development.

Transient disposition octave. Training activity and its funding in the contracts for training and learning concluded from the entry into force of this royal decree-law.

1. In the case of training and apprenticeship contracts signed since the entry into force of this royal decree-law, in cases where there is a degree of professional training or certificate of professionalism relating to the effective work of the (a) to carry out, and training centres available for delivery, the training activity inherent in these contracts shall be initiated upon application by the undertaking once it has been authorised by the Public Employment Services of the Communities; Autonomous or by the Public Service of State Employment in the field of their respective competences. The Public Employment Services of the Autonomous Communities shall communicate this authorization to the State Employment Public Service for the purposes of monitoring the application of the corresponding bonuses.

2. In the case of contracts for training and apprenticeship, which are signed within 12 months of the entry into force of this royal decree, in cases where there is no professional training or certificate of professionalism The training activity inherent in these contracts will be constituted by the minimum indicative content established in the file of the information file. Training courses, accessible for consultation on the website of the State Employment Public Service, www.sepe.es, for occupations or specialties related to the work activity contemplated in the contract; in its absence, it will be constituted by the training contents determined by the companies or communicated by them to the Public Service of State Employment, for the purposes of its validation under the National Employment System.

3. In the cases referred to in the preceding paragraph, the duration of the training activity shall be in accordance with the characteristics of the employment activity to be performed, while respecting the number of hours established by the Public Service State employment for training courses suitable for such work.

4. In the cases referred to in paragraph 2, the training inherent in the contract shall be carried out by the undertaking directly or through the centres approved by the State Employment Public Service.

5. The qualification or professional competence acquired through the contract for training and learning, in the cases referred to in paragraph 2, shall be subject to accreditation in the terms referred to in Article 11.2 of the Royal Decree 395/2007, of 23 March, for which the occupational training subsystem for employment is regulated.

6. Until the entry into force of the regulatory development of the provisions of this royal decree in respect of contracts for training and learning, in the cases referred to in this transitional provision, undertakings may be financed the cost of the training inherent in these contracts by means of bonuses in the business quotas for social security, under the heading provided for in the budget of the State Employment Service for the financing of the In the case of the social security contributions, the social security contributions paid by the Member State concerned employment contracts.

For these purposes, Articles 9, 10 and 11 of the Order of the Ministry of Labour and Social Affairs of 4 July 1998 on the training aspects of the training contract and its rules of procedure will apply. development.

transient disposition ninth. Age limit of contract workers for training and learning.

Until the unemployment rate in our country is below 15 percent, contracts for training and learning with workers under the age of 30 will be able to be awarded without the maximum age limit being applied. established in the first paragraph of Article 11.2.a) of the Staff Regulations.

Transient disposition tenth. Regime applicable to the cases of regulation of employment in processing or with effect in its application to the entry into force of this royal decree-law.

1. The files for the regulation of employment for the extinction or suspension of the contracts of employment, or for the reduction of the day that they are in processing to the entry into force of this royal decree-law will be governed by the regulations in force in the time to start.

2. The files for the regulation of employment for the extinction or the suspension of contracts of employment or for the reduction of working hours, resolved by the Employment Authority and with effect in its application at the date of entry into force of this royal decree law shall be governed by the rules in force at the time of the decision of the file.

Transient disposition eleventh. Rules concerning the procedural mode of Article 124 of Law 36/2011 of 10 October, Regulatory of Social Jurisdiction.

The procedural modality provided for in Article 124 of Law 36/2011, of October 10, Regulatory of the Social Jurisdiction will be applicable to the collective redundancies initiated after the entry into force of this real decree law

Transient Disposition twelfth. Transitional rules on the financial contributions of companies with profits making collective redundancies.

Companies affected by the additional provision of Law 27/2011 of 1 August on updating, adapting and modernising the Social Security system, which have made collective redundancies already authorised by the labour authority before the entry into force of this Royal Decree-Law, they shall only make the financial contributions referred to in that provision where the decisions which have authorised the extinctions affect at least the following: to 100 workers.

Single repeal provision. Scope of regulatory repeal.

1. The following provisions are expressly repealed:

(a) Additional provision of Law 12/2001, of 9 July, of urgent measures to reform the labour market for the increase of employment and the improvement of its quality.

b) Transitional provision third of Law 35/2010, of 17 September, of urgent measures for the reform of the labour market.

c) Transitional provision seventh of Law 35/2010, of 17 September, of urgent measures for the reform of the labour market.

d) Final Disposition of Royal Decree-Law 10/2011 of 26 August, of urgent measures for the promotion of employment of young people, the promotion of stability in employment and the maintenance of the programme of retraining professional of persons who exhaust their protection for unemployment.

(e) Article 105 (3) of Law 36/2011 of 10 October, regulating social jurisdiction.

(f) Article 4.2 of Law 43/2006 of 29 December 2006 for the improvement of growth and employment.

g) Article 2 of Royal Decree-Law 10/2011 of 26 August of urgent measures for the promotion of the employment of young people, the promotion of stability in employment and the maintenance of the programme of vocational retraining of people who have exhausted their unemployment protection.

(h) The third transitional provision and the single derogation from Royal Decree-Law 3/2011 of 18 February 2011 of urgent measures for the improvement of employability and the reform of active employment policies.

2. Any rules of equal or lower rank shall be repealed or are contrary to the provisions of this Law.

Final disposition first. Changes in the reconciliation of work and family life.

1. Article 37 (4) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" 4. In the case of child birth, adoption or acceptance in accordance with Article 45.1 (d) of this Law, for the breastfeeding of the child until the child is nine months old, workers shall be entitled to an hour of absence from work, which may be divide into two fractions. The duration of the permit shall be increased proportionally in the cases of birth, adoption or multiple acceptance.

Who exercises this right, by its will, may replace it with a reduction of its working day in half an hour for the same purpose or accumulate in full days in the terms foreseen in the collective bargaining or in the the agreement to be reached with the employer, respecting, where appropriate, what is established in that case.

This permit constitutes an individual right of workers, men or women, but may only be exercised by one parent in case both work. "

2. The first paragraph of Article 37 (5) of the recast text of the Law on Workers ' Statute, adopted by Royal Decree-Law 1/1995 of 24 March, is worded as follows:

" 5. Those who, for reasons of legal guardian, have a direct care of a child of less than eight years or a person with physical, mental or sensory disabilities, who do not carry out a paid activity, shall be entitled to a reduction in the working day, with the proportional reduction of the salary between at least one eighth and a maximum of half the duration of the salary. "

3. Article 37 (6) of the Recast Text of the Law of the Workers ' Statute, adopted by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" 6. The time-frame and the determination of the period of enjoyment of the breastfeeding permit and the reduction in working time, as provided for in paragraphs 4 and 5 of this Article, shall be the responsibility of the worker within his/her ordinary day. Collective agreements may, however, lay down criteria for the time-frame of the reduction of working hours, in the light of the rights of reconciliation of the worker's personal, family and working life and of the productive and organizational structure of enterprises. The worker, except in force majeure, shall be required to provide the employer with a period of time of 15 days or to determine in the applicable collective agreement, specifying the date on which he or she shall initiate and terminate the breastfeeding permit or the reduction of the day.

The discrepancies between the employer and the worker regarding the time and the determination of the periods of enjoyment provided for in paragraphs 4 and 5 of this article will be resolved by the social jurisdiction through of the procedure laid down in Article 139 of Law 36/2011 of 10 October, regulating social jurisdiction. "

4. Article 38 (3) of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is worded as follows:

" 3. The holiday calendar will be fixed at each company. The worker will know the dates that correspond to him two months before, at least, the beginning of the enjoyment.

When the holiday period laid down in the holiday calendar of the undertaking referred to in the preceding paragraph coincides in time with a temporary incapacity arising from pregnancy, childbirth or natural lactation or with the period of suspension of the contract of employment provided for in Article 48.4 and 48.bis of this Law, shall be entitled to enjoy the holidays on a date other than that of the temporary incapacity or the enjoyment of the permit which, by application of the said precept was concerned, at the end of the period of suspension, even if the calendar year ended which correspond.

In the event that the holiday period coincides with a temporary incapacity for contingencies other than those mentioned in the previous paragraph that makes it impossible for the worker to enjoy them, in whole or in part, during the year natural to which they correspond, the worker may do so once his incapacity is completed and provided that no more than 18 months have elapsed from the end of the year in which they originated. "

Final disposition second. Training account.

The Government shall develop the training account provided for in Article 26 (10) of Law 56/2003 of 16 December 2003 on Employment.

Final disposition third. Check training.

The government, after consultation with the social partners, will assess the desirability of creating a training check to finance the individual right to train workers.

Final disposition fourth. Collective redundancies affecting workers over 50 or more years in companies with benefits.

Additional provision of Law 27/2011 of 1 August on the updating, adequacy and modernisation of the Social Security system is hereby worded as follows:

" Additional Disposition sixteenth. Collective redundancies affecting workers over 50 or more years in companies with benefits.

1. Companies which make collective redundancies in accordance with Article 51 of the Workers ' Statute, which include workers aged 50 or over, must make an economic contribution to the public treasury, provided that they do not in such collective redundancies the following circumstances are met:

(a) to be carried out by companies of more than 500 employees or by companies that are part of groups of companies employing that number of workers.

b) Affecting workers aged 50 or over.

(c) That, even if the economic, technical, organisational or production causes which justify them, the undertakings or group of undertakings of which it is a party have benefited in the two financial years prior to the one in which the employer initiates the collective dismissal procedure.

2. For the purposes of calculating the financial contribution referred to in the preceding paragraph, the amount of unemployment benefits and allowances for workers aged 50 or over who are affected by the collective redundancy shall be taken into account. including social security contributions made by the State Employment Public Service in accordance with the provisions set out in the following paragraphs. The amounts made by the State Employment Public Service shall also be included for the purposes of calculating the financial contribution for the purposes of the concepts of workers of fifty or more years whose contracts have been extinguished by the initiative of the undertaking or undertakings of the same group, by virtue of other reasons not inherent in the person of the worker other than those provided for in Article 49 (1) (c) of the recast of the Law on the Statute of the Workers approved by Royal Legislative Decree 1/1995 of 24 March, provided that such extinctions contracts have occurred in the three years before or after the start of collective redundancies.

However, the amounts of unemployment benefits and allowances for workers aged 50 or over who would have been affected, at the request of the undertaking concerned, shall be excluded from the calculation of the financial contribution. the purpose of repositioning in the same undertaking, or in another undertaking of the group of which it is a party, or in any other undertaking, within six months of the date on which the termination of its employment contracts occurs. In such cases the company must prove these ends in the procedure.

3. The amount of the contribution shall be determined annually by the application of the type set out in paragraph 4 on each of the following concepts:

(a) Total amount actually paid by the State Employment Service for unemployment benefits of contributory level of workers aged 50 or over affected by the redundancies, generated in whole or in part in the the basis of the contributions credited to the company which promoted his dismissal.

(b) Total amount actually paid by the State Employment Service for Social Security contributions by the managing body of the unemployment benefits for the workers concerned, during the period perception of the same.

(c) A fixed fee for each worker who has exhausted the unemployment benefit at the contributory level and who begins to receive the allowance for exhaustion of the same or that of over 52. This fee shall be calculated by means of aggregation over a six-year period of the sum of the annual cost of the unemployment allowance plus that of the retirement contribution on behalf of the managing body in the year of exhaustion.

The fixed fee will also be made effective for each worker who, not entitled to the payment of contributory unemployment benefit, directly access the unemployment benefit, as a result of the legal situation of unemployment motivated by dismissal.

4. The rate applicable shall be that fixed by the following scale according to the number of employees of the undertaking, the number of workers aged 50 or over who are affected by the dismissal and the percentage of the company's profits over the revenue:

Applicable type to calculate the economic contribution

Percentage of affected workers aged 50 or over in relation to the number of redundant workers

Percentage of profit on revenue	Number of workers in the company
	than 2,000	Between 1,000 and 2000	Between 501 and 999
More than 35%	More than 10%	100%	95%	90%
	Less than 10%	95%	90%	85%
Between 15% and 35%	More than 10%	95%	90%	85%
	Less than 10%	90%	85%	80%
Less than 15%	More than 10%	75%	70%	65%
Less than 10%		65%	60%

5. For the purposes of the preceding paragraph, the following rules shall be taken into account:

(a) The percentage of workers affected 50 or more years over the total number of workers made redundant will be calculated year-on-year, within the period foreseen for the implementation of the redundancies communicated to the labour authority after the the end of the consultation period, taking into account the total number of both groups which have been terminated until the year in which the calculation is made.

(b) The profits of the undertaking or group of undertakings shall be quantified on the basis of the average percentage of the same in respect of the income obtained in the two years immediately preceding the year in which the employer communicate to the labour authority the opening of the period of consultation which should precede collective redundancies.

(c) The number of employees of the undertaking or group of undertakings shall be calculated on the basis of the number of employees in the undertaking or group of undertakings at the time of the communication to the labour authority of the opening of the consultation period. which precedes collective redundancy, regardless of whether they are working in full or part time.

6. The procedure for the settlement and payment of the financial contribution shall be determined by regulation.

7. Where the collective dismissal involves the total cessation of the activity of the company in the Spanish territory, the appropriate precautionary measures may be taken, in accordance with the law, to ensure the collection of the debt corresponding to the contribution economic, even if this has not been the subject of prior quantification and settlement.

8. At least 50% of the amounts collected in the immediately preceding financial year shall be entered in the initial budget of the State Employment Public Service for the purpose of financing specific labour reintegration measures and measures for the collective of workers aged 50 or over who are in a legal state of unemployment, for which in the budget of the State Employment Public Service they shall be required to provide appropriations to finance such actions and measures.

9. The provisions of this provision shall apply to collective redundancy procedures initiated as of 27 April 2011. '

Final disposition fifth. Amendments to the recast text of the General Law on Social Security, adopted by the Royal Legislative Decree 1/1994 of 20 June in the field of unemployment protection.

1. Article 203 (2) and (3) of the General Law on Social Security are amended, which are worded as follows:

" 2. Unemployment shall be total where the worker ceases, on a temporary or permanent basis, in the activity which he or she has been developing and is subsequently deprived of his/her salary.

For these purposes, total unemployment shall mean the total cessation of the worker in the activity for days complete, continuous or alternate, during, at least, an ordinary working day, by virtue of temporary suspension of contract or temporary reduction of working time, ordered under the provisions of Article 47 of the Staff Regulations.

3. Unemployment shall be partial where the worker is temporarily reduced to his normal daily working day, between a minimum of 10 and a maximum of 70%, provided that the salary is the subject of a similar reduction.

For these purposes, the term reduction of the ordinary daily working day shall be understood as the temporary reduction of the daily working day, which is decided by the employer under the provisions of Article 47 of the Staff Regulations, without including reductions in final days or extended to the entire period remaining from the term of the contract of employment. "

2. Article 208 (1) (a), (2) and (3) of the General Law on Social Security are amended as follows:

" 1. Workers who are included in one of the following cases shall be in a legal position of unemployment:

1) When your employment relationship is extinguished:

(a) By virtue of collective dismissal, adopted by decision of the employer under the provisions of Article 51 of the Staff Regulations, or of a judicial decision taken within a court of insolvency. "

" 2) Where the employment relationship is temporarily suspended, by decision of the employer under Article 47 of the Staff Regulations, or by virtue of a judicial decision taken within a the court of law, or in the case referred to in point (n) of Article 45 (1) of the Staff Regulations.

3) Where the ordinary daily working day is reduced temporarily, by decision of the employer under Article 47 of the Staff Regulations, or by virtue of a judicial decision taken in the (a) a procedure for insolvency proceedings, in both cases in the terms of Article 203.3. '

3. Article 210 (5) of the General Law on Social Security is amended, which is worded as follows:

" 5. In the case of partial unemployment referred to in Article 203.3, the provision of benefits generated shall be produced for hours and not for days. To this end, the percentage consumed shall be equivalent to the reduction of working hours decided by the employer, in accordance with Article 47 of the Staff Regulations. "

Final disposition sixth. Accreditation of legal situations of unemployment arising from collective redundancy, or suspension of contract and reduction of working hours.

A new additional fiftieth-fourth provision is added to the Recast Text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994, of 20 June, in the following terms:

" Additional Disposition 50th fourth. Accreditation of legal situations of unemployment arising from collective redundancy, or suspension of contract and reduction of working hours.

The legal situations of unemployment referred to in Article 208.1.1 (a); (1.2) and (1) (3) of the General Law on Social Security arising under the provisions of Articles 51 and 47 of the Statute of the Workers, shall be accredited by:

(a) Written communication from the employer to the worker in the terms laid down in Articles 51 or 47 of the Staff Regulations. The cause and date of effect of the legal status of unemployment must appear on the company certificate as a valid document for accreditation. The date of effect of the legal status of unemployment indicated in the company certificate shall be in any case coincident or after the date on which the employment authority is notified to the managing body of the unemployment benefits. the business decision to which collective redundancy is agreed or the suspension of contracts or reduction of working time.

(b) The administrative or judicial conciliation act or the final judicial decision.

The accreditation of the legal status of unemployment must be supplemented by the communication of the Labour Authority to the Management Entity for unemployment benefits, of the decision of the employer adopted under the Article 51 or Article 47 of the Staff Regulations, in which the cause of the legal situation of unemployment, the workers concerned must be recorded, if the unemployment is total or partial, and in the first case it is temporary or final. If it is temporary, the time limit for the suspension or reduction of the working day must be specified, and if it is partial, the number of hours of reduction and the percentage that this reduction represents in relation to the daily working day shall be indicated. ordinary work. "

Final disposition seventh. Amendment of Royal Decree 395/2007 of 23 March 2007 regulating the subsystem of vocational training for employment.

1. Royal Decree 395/2007 of 23 March 2007 regulating the occupational training subsystem for employment is worded as follows:

(a) A new paragraph 3 is added to Article 22, in the following terms:

" 3. The State Employment Public Service shall specify in each call the training actions which are of priority, without prejudice to those identified by the Sectoral Joint Committees. Priority training actions should seek to anticipate the formation of the new production model, betting on the most innovative sectors ".

b) A new paragraph 4 is added to Article 22, in the following terms:

" 4. The Public Employment Services of the Autonomous Communities shall specify in each call the training actions which are of priority, without prejudice to those identified by the Sectoral Joint Committees. Priority training actions should seek to anticipate the formation of the new production model, with a view to the most innovative sectors. "

(c) Article 24 (2) is worded as follows:

" 2. At the State level, the implementation of the training plans shall be carried out by means of agreements concluded in the framework of the National Employment System between the State Employment Public Service and the following organisations and entities:

The most representative business and trade union organisations at the state level, in the case of cross-sectoral training plans.

These plans will also be implemented through agreements signed with the representative organizations of the social economy with notable implementation at the state level and representative organizations of autonomous areas State and sufficient implementation, in which case the training will be directed specifically to the workers ' groups of the social economy and the self-employed, respectively.

the most representative business and trade union organisations at the state level and the representative organisations in this field, in the case of sectoral training schemes, as well as the joint entities created or covered by the the framework of the state sector collective bargaining. In those sectors where there is no state sectoral collective bargaining, or the sector is not sufficiently structured, the measures necessary to ensure the training of supply in those sectors shall be articulated.

Training institutions and institutions duly accredited and registered in the State Register of Training Institutions and Institutions. "

(d) Article 24 (3) is worded as follows:

" 3. In the field of autonomy, and without prejudice to the powers of the Autonomous Communities, the implementation of the training plans shall be carried out within the framework of the conventions concluded between the competent body or body of the Community. Autonomous and the following organizations:

The most representative business and trade union organizations at the state level and the most representative in the autonomous field, in the case of cross-sectoral training plans.

These plans will also be implemented through agreements signed with the representative organizations of the social economy and the representative of the self-employed, in both cases with sufficient implementation in the autonomous area. and for training specifically aimed at the collective workers of the social economy and the self-employed, respectively.

the most representative and representative business and trade union organisations in the relevant sector, in the case of sectoral training plans, as well as the joint entities created or covered by the the collective state collective bargaining.

Training centres and entities duly accredited and registered in the Register of Centres and Training Entities of the corresponding Autonomous Community. "

2. The Government may, by means of royal decree, amend the provisions of paragraph 1 above.

Final disposition octave. Amendment of Order TAS/718/2008 of 7 March 2007, for the development of Royal Decree 395/2007 of 23 March 2007 governing the subsystem of vocational training for employment, in the field of supply training and establishing the regulatory bases for the award of public grants for funding.

1. The first subparagraph of Article 3 (1) of Order TAS 718/2008 of 7 March 2007 for the development of Royal Decree 395/2007 of 23 March 2007 governing the subsystem of vocational training for employment in the field of employment (a) offer training and lay down the regulatory basis for the award of public grants for funding, which is worded as follows:

" 1. Without prejudice to the powers of the Autonomous Communities in their respective fields of action, they shall be beneficiaries of the grants for the financing of training schemes aimed primarily at employees. the most representative and representative employers ' and trade unions in the sector of activity, as well as the joint entities created or covered by the collective bargaining agreement between the State and the Member States. duly accredited training centres and institutions referred to in paragraphs 2 and 3 Article 24 of Royal Decree 395/2007 of 23 March 2007. '

2. The Minister for Employment and Social Security may, by means of the relevant Order, amend the provisions of paragraph 1 above.

Final disposition ninth. Overtime in the part-time work contract.

1. Remuneration received for overtime in part-time work contracts, whether or not they are motivated by force majeure, shall be taken into account for the determination of the basis of contributions both for common contingencies and for professionals.

2. The common contingency contribution rate applicable to these remuneration shall be 28,30 per 100, of which 23.60 per 100 shall be borne by the undertaking and 4,70 per 100 by the worker.

For accidents at work and occupational diseases, the rates of the premium rate set out in the fourth additional provision of Law 42/2006 of 28 December 2006 on General Budgets will apply. of the State for the year 2007, the resulting premiums being the sole responsibility of the company.

3. The overtime contribution of workers on a part-time basis shall be calculated exclusively for the purpose of determining the regulatory basis for the provision of common contingencies.

With respect to benefits derived from professional contingencies, the provisions of the current order will be in place.

4. The provisions of the preceding paragraphs shall apply to workers included in the General Social Security Scheme, except for those covered by the Special Systems for Workers for Agricultural and Employees ' Account "Home" established in that General Regime, in the Special Regime of Coal Mining and for the employed persons included in the Special Regime of the Social Security of the Sea Workers.

5. The terms and conditions for the application of the provisions of this precept shall be determined.

Final disposition tenth. Amendment of Law 56/2003, of 16 December, of Employment.

Article 25 (1) (f) of Law 56/2003, of 16 December 2003, of Employment is amended, as follows:

(f) Opportunities for groups with special difficulties: actions and measures for the insertion of workers from groups which, in a structural or economic situation, have particular difficulties in accessing and staying in the employment. To this end, the situation of women victims of gender-based violence, of persons with disabilities and of persons in situations of social exclusion will be particularly taken into account. In relation to persons with disabilities, their recruitment will be encouraged in both ordinary employment and protected employment through the Special Employment Centres. In the case of persons in a situation of social exclusion, their recruitment will be boosted through the insertion companies.

The Government will ensure in the Spanish Employment Strategy equal opportunities for people with disabilities in access and maintenance in employment. "

Final disposition eleventh. Amendment of Royal Decree 1542/2011 of 31 October, approving the Spanish Employment Strategy 2012-2014.

In the Annex to Royal Decree 1542/2011 of 31 October 2011, approving the Spanish Employment Strategy 2012-2014, in paragraph 5.6 "Scope of opportunities for groups with special difficulties", the paragraph is deleted. "State measures for the employment of persons with disabilities".

Final disposition twelfth. State-wide measures in the Spanish Employment Strategy 2012-2014.

The actions and measures of active employment policies governed by the rules listed below will have the character of State measures for the purposes of their implementation for the State as a whole by the Communities. Autonomous and the Public Service of State Employment, in their respective fields of competence, in the framework of the Spanish Employment Strategy 2012-2014, approved by Royal Decree 1542/2011 of 31 October and in respect of the fields of active policies of employment referred to in that Strategy:

(a) Chapter II of Royal Decree 1451/1983 of 11 May 1983, which, in compliance with the provisions of Law 13/1982 of 7 April 1982, regulates selective employment and measures to promote the employment of workers disabled.

(b) Chapter VII of Royal Decree 2273/1985 of 4 December 1985 on the Regulation of the Special Centres for Employment, as defined in Article 42 of Law No 13/1982 of 7 April 1982 on the Social Integration of the Disabled.

(c) Articles 12 and 13 of Royal Decree 290/2004 of 20 February on the regulation of occupational enclaves as a measure to promote the employment of persons with disabilities.

(d) Royal Decree 870/2007 of 2 July governing the employment programme with support as a measure to promote the employment of persons with disabilities in the ordinary labour market.

e) Royal Decree 469/2006, of 21 April, regulating the units of support for the professional activity in the special centers of employment.

(f) Royal Decree 282/1999 of 22 February establishing the Employment Workshops programme.

g) The Order TAS/816/2005 of 21 March, adapting to the legal regime established in Law 38/2003 of 17 November, General of Grants the regulatory rules of grants to be granted by the Service State Employment in the fields of employment and occupational vocational training.

(h) Order of the Ministry of Labour and Social Security of 9 March 1994 laying down the basis for the granting of aid by the National Employment Institute for the purpose of carrying out checks of professionalism, professional information, career guidance and active job search, by non-profit entities and collaborating institutions.

(i) Order of the Ministry of Labour and Social Affairs of 20 January 1998 laying down the regulatory bases for the award of grants for the implementation of vocational guidance for employment and assistance for self-employment.

(j) Order TAS/2643/2003 of 18 September 2003 laying down the basis for the award of grants for the implementation of experimental programmes in the field of employment.

(k) Order of the Ministry of Labour and Social Security of 13 April 1994 regulating the granting of aid and subsidies on the promotion of the employment of disabled workers as laid down in Chapter II of Royal Decree 1451/1983 of 11 May 1983.

(l) Order of the Ministry of Labour and Social Affairs of 16 October 1998 laying down the regulatory basis for the granting of aid and public subsidies for the promotion of labour integration disabled people in special centres of employment and self-employment.

(m) Order of the Ministry of Labour and Social Affairs of 19 December 1997 laying down the basis for the granting of public subsidies by the National Institute of Employment in the field of collaboration with organs of the General Administration of the State and its autonomous organizations, Autonomous Communities, Universities and non-profit institutions, which employ unemployed workers for the construction of works and services general and social interest.

(n) Order TAS/2435/2004 of 20 July derogating from certain public programmes for the improvement of occupational safety in relation to the use of the contract of insertion and amending the Order of the Ministry of Labour and Social Affairs of 19 December 1997 laying down the basis for the granting of public grants by the National Institute of Employment in the field of collaboration with bodies of the General Administration of the State and its self-employed bodies, Autonomous Communities, Universities and non-public institutions (i) for the purpose of the implementation of the programme for the implementation of work and services of general and social interest.

(o) Order of the Ministry of Labour and Social Affairs of 26 October 1998 laying down the basis for the award of grants by the National Institute of Employment in the field of collaboration with the Local authorities for the recruitment of unemployed workers in the performance of works and services of general and social interest.

(p) Order of the Ministry of Labour and Social Affairs of 15 July 1999 laying down the basis for the granting of public grants for the promotion of local development and the promotion of projects and enterprises rated as R + E.

(q) Order TAS/1622/2007 of 5 June 2007 regulating the award of grants to the programme for the promotion of self-employment.

(r) Order of the Ministry of Labour and Social Affairs of 13 April 1994, of a regulatory basis for the granting of subsidies consisting of the payment, to workers who make use of the right provided for in Article 1 of Royal Decree 1044/1985.

s) Order of the Ministry of Labour and Social Affairs of 14 November 2001, which regulates the programme of workshops and workshops and the promotion and development units and establishes the regulatory bases for the granting of public subsidies to such programmes.

(t) Order of the Ministry of Labour and Social Affairs of 14 November 2001, for the development of Royal Decree 282/1999 of 22 February, establishing the Employment Workshops Programme, and establishing the basis for the (a) the granting of public grants to such a programme.

u) Order TAS/ 3501/2005, of 7 November establishing the regulatory basis for the granting of subsidies for the promotion of employment and improvement of competitiveness in cooperatives and working societies.

Final disposition thirteenth. Amendment of the rules on the payment of unemployment benefit in the form of single payment of the transitional provision fourth of Law 45/2002 of 12 December 2002 of urgent measures for the reform of the system of protection for unemployment and improvement of the workability.

Rule 3 (1) of the fourth transitional provision of Law 45/2002 of 12 December 2002 on urgent measures for the reform of the system for the protection of unemployment and the improvement of occupational safety is amended. Worded as follows:

"3." 3. The provisions of rules 1. and 2. will also apply to beneficiaries of contributory level unemployment benefit, which they intend to constitute as self-employed workers and not to persons with disability equal to or greater than 33 per 100.

In the case of Rule 1, the one-time payment will be made for the amount corresponding to the investment required to develop the activity, including the amount of the tax charges for the start of the activity, with the ceiling of 60 per 100 of the amount of the contributory level unemployment benefit to be charged, the maximum limit being 100 per cent where the beneficiaries are young men up to 30 years of age or young women up to 35 years, both inclusive, considering the age at the date of the application. "

Final disposition fourteenth. Constitutional foundation.

This royal decree-law is dictated by the provisions of Article 149.1.6. of the Constitution, which attributes exclusive competence to the State in matters of procedural law, as well as the provisions of the article 149.1.7. and 17. the Constitution, which attributes to the State exclusive competence over matters of labour law, without prejudice to its execution by the organs of the Autonomous Communities, and of basic legislation and the economic regime of the Social security, without prejudice to the implementation of its services by the Autonomous Communities, respectively.

Final disposition fifteenth. Powers of development.

1. The Government and the Minister for Employment and Social Security, in the field of their competences, will dictate the provisions that are necessary for the development and implementation of the provisions of this royal decree.

2. The government will approve within one month from the entry into force of this royal decree-law a royal decree on the regulation of procedure of collective redundancies and suspension of contracts and reduction of the day that develops the established in this royal decree-law, with particular attention to the aspects relating to the period of consultation, the information to be provided to the employees ' representatives in the consultation, the actions of the labour authority to ensure its effectiveness, as well as the plans for relocation and the social accompanying measures taken by the employer.

Final disposition sixteenth. 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".

Given in Madrid, on February 10, 2012.

JOHN CARLOS R.

The President of the Government,

MARIANO RAJOY BREY