Royal Decree-Law 3/2012 February 10, On Urgent Measures For The Reform Of The Labour Market.

Original Language Title: Real Decreto-ley 3/2012, de 10 de febrero, de medidas urgentes para la reforma del mercado laboral.

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I the economic crisis affecting Spain since 2008 has been highlighted the weaknesses of the Spanish labor model. The severity of the current crisis is unprecedented. Spain has destroyed more jobs, and more quickly, than the main European economies. The latest survey of active population data describe well this situation: the number of unemployed stood at 5.273.600 people, an increase of 295.300 in the fourth quarter of 2011 and 577,000 from the fourth quarter of 2010. The unemployment rate climbs on 1.33 points from the third quarter and stands at 22.85%.

The destruction of employment has been most intense in certain groups, especially young people whose rate of unemployment among children 25 years reaches almost 50%. The uncertainty at the time of entering the labour market, the reduced initial salaries and the general economic situation are causing many well-educated young people to abandon the Spanish labour market and seek opportunities abroad.

The unemployment of long duration in Spain is also higher than in other countries and boasts a double negative impact. On the one hand, the obvious about the Group of people and, on the other hand, the additional impact on aggregate productivity of the economy. The duration average of the unemployment in Spain in 2010 was, according to the OECD, of 14.8 months, facing a half for them countries of the OECD of 9.6 and of 7.4 months for them members of the G7.

This adjustment has been particularly serious for temporary workers. We maintain a rate of temporality of nearly 25%, much higher than the rest of our European partners. The average in the UE27 temporality is 14%, 11 points lower than the Spanish.

The destruction of employment during the last parliamentary term has relevant effects on the Social security system. Since December 2007 the number of members has decreased by almost 2.5 million (12.5%). Furthermore, if the average monthly spending on benefits for unemployment in 2007 was 1,280 million € in December 2011, spending amounted to 2.584 million.

The economic crisis has shown the unsustainability of the Spanish labor model. The market of work away from being short-term problems are structural, affect the very foundations of our social model and require a reform of wingspan, which, despite policy changes experienced in recent years, continues to be claimed by all the economic world and European institutions who have analyzed our situation, by international markets that include the situation of our labour market with tremendous restlessness and especially by our reality of work data, which hide real human dramas. Exposed figures have shown that the labor reforms carried out in recent years, even well-intentioned and aimed in the right direction, have been failed reforms.

The gravity of the economic situation and employment described demands to adopt immediate reform that provides occupational and economic operators a horizon of certainty and confidence that act with certainty to get regain employment. The extraordinary and urgent necessity required by article 86 of the Spanish Constitution to legislate by means of Royal Decree-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 could create employment and generate the necessary safety for workers and businessmen, to markets and investors.

The Government embodies and serves general interests and obligation to ensure and satisfy the interests of all those who are looking for a job. The proposed reform is to ensure both the flexibility of employers in the management of human resources of the company as the safety of workers in employment and adequate levels of social protection. This is a reform in which everybody wins, entrepreneurs and workers, and that aims to satisfy most and best of all legitimate interests.

II the labor reform which this Royal Decree is complete and balanced and incisive measures and immediate application, in order to establish a framework clearly contribute to the effective management of labour relations and to facilitate the creation of jobs, as well as the stability in employment that our country needs.

The reform commitment to the balance in the regulation of our working relationships: balance between the flexibility of internal and external; between the temporary and indefinite hiring regulation, the mobility internal in the company and the mechanisms receive the contract of employment; between conservatorships that operate in the contract of employment and those operating in the labour market, etc. Flexicurity aims. To this end, the present Royal Decree-Law contains a coherent set of measures which are intended to promote the employability of workers, reforming aspects to the job placement and vocational training (chapter I); encouraging indefinite hiring and other forms of work, with particular emphasis on promoting the recruitment by SMEs and youth (chapter II); encourage internal flexibility in the company as an alternative to the destruction of employment (chapter III); and, finally, to promote the efficiency of the labour market as an element linked to the reduction of labor duality, using measures mainly concerning the termination of contracts of employment (chapter IV).

Chapter I includes various measures to promote the employability of workers. The public employment services have been insufficient in the management of the placement, with very low penetration rates within the total number of placements. On the other hand, temporary work companies have proved as a powerful dynamic agent of the labour market. In most of the countries of the European Union, such companies operate as employment agencies and from the Community institutions be comes emphasizing that they contribute to the creation of jobs and to the participation and inclusion of workers in the labour market. For this reason, reform the regulatory framework for temporary work companies authorizing them to operate as employment agencies.

The development of vocational training for employment has been remarkable in the last two decades, with a significant increase in the participation of employers and workers in training actions, but have been shown also certain needs for improvement. Royal Decree-Law on vocational training that promotes lifelong learning for workers and the full development of their professional skills. The essence of this reform is the recognition of vocational training as an individual right, recognizing the workers a permit paid for training purposes. Also recognizes workers the right to professional training for their adaptation to modifications operated in the workplace. Also it is expected that the public employment services will be awarded to each worker an account of training associated with the number of affiliation to Social Security, and recognized centres and training institutions, duly accredited, the possibility of participating directly in the system of vocational training for employment, with the aim that the training offer is more varied decentralized and efficient.

Another remarkable aspect of this chapter are the changes made in the contract for training and learning to promote youth employment through the Elimination of unjustified limitations.

III chapter II includes various measures aimed at encouraging indefinite hiring and job creation. The measures included in this chapter try to especially help those who are suffering the negative consequences of the economic crisis with greater intensity: the young unemployed and SMEs.

Part-time work is one of the unfinished business of our labour market. Although they have been various reforms that have altered the regulation of this contract, the truth is that the level of part-time employment in our country is not comparable to that existing in other countries of the European Union. Part-time work is not only a relevant mechanism in flexible work organization and working time adapting to the professional and personal needs of workers, it is a mechanism of redistribution of employment. Reform of the part-time work agreement aims to find a better balance between flexibility and social protection, admitting the completion of overtime in part-time contracts, and including them in the contribution base for common contingencies.


The desire to promote new ways of developing work makes that within this reform be sought also to accommodate, with guarantees, telework: a particular form of work organization that fits perfectly in the productive and economic model pursuing to promote the flexibility of companies in the Organization of work, increase employment opportunities and to optimize the relationship between work time and personal and family life. Is modifies, by this, the management of the traditional work to address, to give host, through a regulation balanced of rights and obligations, to the work to distance based in the use intensive of the new technologies.

Companies of 50 or less workers are, according to the companies of Central Board of the National Institute of statistics, 99,23% of Spanish companies. Labor reform is to facilitate the recruitment of workers from these companies that represent most of the productive fabric of our country. A new contract of employment for an indefinite time mode which only can use companies that have less than fifty workers who, despite the current economic crisis, bet on the creation of employment is created for this purpose. In addition, as a measure of promoting youth employment, provides a tax deduction.

The system of bonuses for indefinite contracts, whose practical generalization has severely limited their efficiency is also rationalizes. Thus, bonuses foreseen in this Royal Decree are directed exclusively to companies with less than 50 workers, either by transformation of contracts in practice, release or replacement of the age for retirement in permanent contracts, or for indefinite hiring through the new designated contractual modality, young aged between 16 and 30 years or unemployed long registered as jobseekers at least twelve months in the Eighteen prior to hiring.

IV Chapter III brings together various measures to promote internal flexibility in companies as an alternative to job losses. The problem of labor duality is a consequence, largely, of an inappropriate labour institutions system that has been evidenced during the latest crisis. In a system that generates adequate incentives, companies can cope with fluctuations in demand through mechanisms other than dismissal, which preserve the human capital of the company, including temporary reductions of wages or day. This type of adjustment has been relevant in the neighbouring countries, which has resulted in a lower loss of jobs.

The package of measures contained in this chapter are intended to strengthen mechanisms of adaptation of working conditions to the specific circumstances that flow through the company. With this objective are various reforms addressed. First, the professional classification system happens to have as unique reference professional group aiming to overcome the rigidity of the notion of Professional category and make ordinary functional mobility a more viable and effective adaptation mechanism.

Secondly, simplifies the distinction between substantial changes in individual and collective, includes the substantial modification of functions and structure and amount wage as a cause of extinction-voluntary of the contract of employment entitled to compensation, and the modification of working conditions contained in collective agreement of title III of the Statute of workers return to paragraph 3 article 82 of the Statute of workers.

Thirdly, in terms of suspension of the contract of work and reduction in hours for economic, technical, organizational or production reasons, the present Royal Decree-Law aims to strengthen this alternative to dismissal mechanism, giving you agility through the removal of the requirement of administrative permission and establishing an extension of the system of bonuses and replacement of unemployment for these so-called benefits.

Fourth, collective bargaining provides the possibility of pick up with respect to the collective agreement in force, priority is given to the collective agreement of company and regulates the regime of collective agreements suggests. Amendments operated in these areas respond to the objective to ensure that collective bargaining is an instrument, not an obstacle, to adapt working conditions to the concrete circumstances of the company.

The latest labour market reform intended to make more viable possibility of the pick up, but, in the light of data from 2011, against a backdrop of deepening economic crisis, does not seem that it has made significant progress in this area. The State standard has not guaranteed unlock the absence in accordance with the representatives of the workers to cease to apply the conditions laid down in the collective agreement. Therefore, in order to facilitate the adjustment of wages and other conditions of work productivity and business competitiveness, the present Royal Decree-law incorporates a modification of the regime of the lift so that, in the absence of agreement and non-settlement of the dispute by other autonomous way, parts are subject to arbitration channeled through the National Advisory Committee on collective agreements or similar bodies of the autonomous communities. It is, in any case, of tripartite bodies and, therefore, with the presence of trade unions and business organizations, along with the administration whose intervention is also justified on the need that the public authorities ensure the defence of productivity as deriving from article 38 of the Spanish Constitution.

Previous labour market reform also aimed at influencing the structure of collective bargaining, giving priority application to the Convention business on other conventions in a number of subjects that are understood to be primordial for flexible working conditions management. However, the effective decentralization of collective bargaining has been left in the hands of the conventions State or autonomic, and can prevent that application priority. The novelty that is now incorporated is intended, precisely, to ensure that conventional decentralization in order to facilitate a negotiation of working conditions at the level nearest and adequate to the reality of the companies and their workers.

Finally, in order to ensure also an adaptation of the content of collective bargaining to the changing economic and organizational scenarios, changes with respect to the application of the collective agreement are introduced at the time. Firstly, is intended to encourage the renegotiation of the Convention forward to the end of its term without the need for denunciation of the whole of the Convention, as a situation that is sometimes controversial and not facilitating a process of renegotiation, calm and balanced. But in addition, for when this is not possible, it is intended to avoid a "petrification" of the working conditions agreed upon in the agreement and which is not delayed too much the renegociador agreement through a temporary limitation of the Convention suggests two years.

V chapter IV includes a set of measures to promote the efficiency of the labour market and reduce the labor duality. The lack of an optimal level of internal flexibility is, as it has been exposed, one of the features of our labour market, this primarily affecting workers with a temporary contract and to a lesser extent undefined workers through layoffs. The result is, at this point, only too well known: accused rotation and our labour market segmentation.

With the aim of increasing the efficiency of the labour market and reduce the labor duality, chapter IV of the present Royal Decree-Law collects a series of measures that van referred essentially to the termination of the contract. However, the chapter begins with a measure on temporary contracts. Specifically, in order to complete the indefinite hiring-building measures and try to reduce labor duality as soon as possible, is ahead of the end of the suspension of the impossibility of overcoming a temporary peak in the chain of temporary contracts in paragraph 5 of article 15 of the Statute of workers. This provision will be applicable as from January 1, 2013.

The so-called «express dismissal» has become, in the light of the latest data on the main runway of extinction of permanent contracts, far surpassing the number of dismissed workers collective and objective. Apart from the benefits in terms of speed and economic security that this possibility reports to companies, «express dismissal» reveals front opposite to what should be a system of contract termination of work chaired by the idea of "flexicurity".


«Express dismissal» creates insecurity for workers, business decisions are adopted probably many times on the basis of a mere economic calculation based on the seniority of the employee and, therefore, at the cost of dismissal, regardless of other aspects of the discipline, productivity or the need for the services provided by the worker limited, in addition, their possibilities of judicial impugnation, unless there are behaviors that are discriminatory or contrary to fundamental rights. But also from the business point of view, the success of the «espresso dismissals» has also put in evidence the Dysfunctionalities of the legal regime of the dismissal. Is not an economically rational behavior - which would be expected of the holder of a business activity — dismiss ignoring criteria relating to the productivity of the worker and, in any case, often preferring a dismissal and, therefore, more expensive than a coming layoff due to economic, technical, organizational or production, whose justification should be more usual in times , as the current economic crisis. The reason for this residence in the additional costs which carry salaries of processing and the difficulty that has been reported, on the possibility of undertaking economic extinctions with costs, in terms of time, economic and reasonable.

The characterization of the collective dismissal, with an administrative file and possible administrative and judicial appeals, has proved contrary to the speed that is especially necessary when it comes to undertake restructuring. Then surely the trend towards reaching agreements with the representatives of the employees during the period of inquiry as to ensure approval by the labour authority. However, this has been done many times at the expense of meet compensation to workers dismissed above the legally foreseen for this dismissal. It is denatured as well, in good measure, the period of consultations with the representatives of the workers who, in response to Community legislation, should be on the possibility to avoid or reduce the collective redundancies and mitigate their consequences, by recourse to social measures aimed, in particular, the rehabilitation or conversion of laid-off workers.

Moreover, objective dismissals by the same causes have been characterized by an ambivalent legal doctrine and jurisprudence, which has prevailed many times a concept merely defensive in these dismissals, as a mechanism to deal with serious economic problems, bypassing other functions which is intended to meet this dismissal as channel to adjust the volume of employment to the tecnico-organizativos changes in the companies. Which certainly explains that companies opting often for the recognition of the inadmissibility of dismissal, avoiding a trial that didn't have too much confidence as regards the possibilities for the origin of the dismissal, and must, therefore, pay compensation for wrongful dismissal more extra cost posed processing wages.

On the basis of the previous diagnosis, the package referred to the extinction of the contract of employment contained in chapter IV, begins with a reform of the legal regime of collective dismissal. One of the main innovations lies in the abolition of the need for administrative authorization, keeping the community a period of consultation requirement, but do not require an agreement with representatives of the workers to proceed with layoffs. This is accompanied by an assimilation of these redundancies with the rest of dismissals for your challenge and judicial qualification, with the peculiarity that is expected for which are legitimate representatives of workers and action which will allow to give a homogeneous solution for all employees affected by the dismissal.

Innovations are also introduced in the field of the justification of these dismissals. The law is now limited to delimit the economic, technical, organizational or production reasons that justifies these dismissals, suppressing other normative references that have been introducing elements of uncertainty. Apart from the concrete legal tenor embodied by various reforms from the law 11/1994 of 19 may, which amending certain articles of the Statute of workers, and the articulated text of the law of labour procedure and the law on offences and sanctions in the Social order, such references included projections for the future, for impossible test , and a valuation finalist of these dismissals, that has come giving place to them courts undertake, in numerous occasions, trials of opportunity relating to the management of the company. Now it is clear that the judicial control of these dismissals must adhere to an assessment on the concurrence of a few facts: the causes. This idea applies both to the judicial control of collective redundancies as objective ex Article for the dismissals by cause 52 c) of the Statute of workers.

The new Regulation reinforces the social elements that should accompany these dismissals. On one hand, it is encouraged that through collective autonomy permanence priorities are established at the decision of dismissal of certain workers, such as those with family responsibilities, the adults of a certain age or people with disabilities. Moreover, in those lay-offs affecting more than one hundred workers, the law provides an effective obligation business offer workers a plan of external relocation, including measures of training, career guidance, personal attention and actively seeking employment.

The measures referred to the extinction of the employment contract refer also to compensation and other costs associated with the layoffs. Thus, it is considered necessary to improve the efficiency of the labour market and reduce labor duality approach the dismissal costs the average of European countries. Traditional compensation for wrongful dismissal, of 45 days of salary per year of service to a maximum of 42 months, constituting an element that too accentuated the gap between the cost of the temporary contract termination and the indefinite, in addition to being a distorting element for the competitiveness of companies, especially for the smaller at a time like the present difficulty of access to sources of funding.

Therefore, the present Royal Decree-Law generalizes to all unfair dismissal compensation for 33 days with a maximum of 24 monthly payments that has been anticipating for the targets unfair dismissal for encouraging indefinite hiring contractual workers. With this generalization is deleted this contractual modality, that had distorted enormously after the last expansion of the groups with which the contract could be celebrated.

The new rules on compensation for unfair dismissal applies to contracts concluded after the entry into force of the present Royal Decree-law. In the case of contracts entered into prior to that date, the compensation will continue to calculating in accordance with the rules previously in force, although only with regard to the length of service provided before the entry into force of this regulation. The remaining length of service, shall be taken into account the new amount of 33 days per year of service. With these rules, it is respectful with the principle of equality before the law enshrined in article 14 of the Spanish Constitution, at the time that takes into account the expectations of the workers compensation contract in force.

Policy changes until now reviewed in terms of the extinction of the contract of employment can leave behind other rules and provisions whose purpose was not one that, in a somewhat unreasonable, and indirect way mitigate rigidities have been characterizing the legal regime of the dismissal.

Along with the Suppression of the "express dismissal» other modifications are introduced in the rules which refer to wages processing, while maintaining the obligation of business to pay them only in the event of a reinstatement of the worker, well so have chosen the employer before a dismissal declared, well as a result of the nullity of the same rating. In the case of the unfair dismissal that employers opt for compensation, not paying the salaries of processing is justified in that the time of duration of the judicial proceedings does not seem a criterion appropriate to compensate the damage posed by the loss of employment, and can also worker access to the unemployment benefit from the moment that the extinctive decision has effectiveness. Moreover, the wages of processing Act occasionally as an incentive for delaying procedural strategies, with the addition that they end up becoming a partially socialized cost, given the forecast that the entrepreneur may apply to state the portion of those wages exceeding 60 days.


In the same vein, in order to a more reasonable legal treatment of the costs linked to the extinction of the employment contract, the present Royal Decree-Law modifies the legal regime of the wage guarantee fund, rationalizing its scope, limiting it to compensation for part of the compensation for extinctions of indefinite contracts, which take place in companies of less than 25 workers and not declared legally how unfair.

VI the reform of substantive legal regime to the temporary suspension of the contract, of the temporary reduction of the day and of the collective dismissal in relation to the abolition of the administrative authorisation of the labour authority, requires adapting the procedural treatment of such institutions.

It has created a new procedural modality for the collective dismissal, whose regulation seeks to avoid an unnecessary delay in the search for a judicial response to the extinctive business decision. In addition, they suppressed sections of other precepts concerning the administrative authorisation required so far in contractual suspensions and reductions in day time, as well as in collective redundancies.

In order to speed that is to preside over the labour procedural regulation, this new procedural modality will have the character of preferential and urgent and is characterized by attributed to the higher courts of Justice and the national audience knowledge, in the first instance, of the challenge by the representatives of the workers of collective dismissal, recognizing, then in order to speed , the appeal.

Given the complexity that arises in most collective dismissals, has been considered opportune, to avoid delays in the time, establish the obligation of business to provide the documentation that would justify its extinctive decision within a period from the admission of the demand, and thus be able to practice, where appropriate, testing on it in advance.

It challenge individual of the extinction of the contract in the frame of a dismissal collective is still attributing to them judged of it Social, by the runway planned for the extinctions by causes objective.

Finally, challenge contractual suspensions and reductions of day due to economic, technical, organizational and production and force majeure is structured through the procedural provisions laid down in articles 138 and 153-162 of the regulatory law of the Social jurisdiction in view of the individual or collective nature of the business decision.

Finally, the Royal Decree-Law concludes with a series of provisions such as the provision of a specific regime applicable to managers and directors of credit institutions with regard to limitations on compensation to receive for completion of their contracts in those credit institutions mostly owned or financially supported by the Fund for orderly bank restructuring. Also, establish certain norms respect to extinction / suspension of contract administrators or managers of credit institutions by reason of the imposition of sanctions or suspension and certain cases of temporary replacement, respectively. This additional provision comes to complement, in the reviewed materials, provisions of the Royal Decree-Law 2/2012 February 3, cleaning up of the financial sector regarding remuneration in credit institutions that receive public financial support for restructuring and its sanitation.

On the other hand, the additional provision eighth of Royal Decree-Law aims to respond to the current situation of economic crisis by introducing rational and logical criteria of adjustment in the area of commercial contracts and top management of the State public sector. The measures provided for in that provision additional pursue economic stability, the general interest and the common good. Also, the fixing of limits on commercial contracts and top management of the State public sector constitutes an economic measure to contain the expansion of public spending, in such a way that it supposed a decision justified by the need to reduce the deficit.

Finally, the transitional provisions of the present Royal Decree-law establishing rules for the proper implementation of its provisions, in line with the objective of complete and balanced reform of immediate application to the framework of labour relations, all in conditions of certainty, regarding job placement measures, promoting employment, unemployment protection, validity of reported agreements training contracts and collective dismissals of workers over the age of fifty years in companies with profits.

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

In the final provisions are required conditions of enjoyment of certain assumptions of permits for workers in the field of conciliation of work and family life, the account of worker training, definition of certain assumptions of protection from unemployment and their accreditation, modifications in the subsystem of vocational training for employment and overtime in contracts, part-time as well as the modification of the rules of the payment of the provision by unemployment in the form of lump sum, among others.

(VII) the measures that are adopted in the present Royal Decree-Law concur the circumstances of extraordinary and urgent necessity required by article 86 of the Spanish Constitution as a premise for resorting to this figure of Royal Decree-law.

Main way it must be stressed that the economic crisis that began in 2008 has made Spain the country with more unemployment in the European Union. The speed and intensity of the destruction of employment in Spain primarily to the rigidity of the Spanish labour market, as it has been made clear on many occasions both international organizations and by the European Union.

The measures taken since the beginning of the crisis to reform the Spanish labour market have revealed insufficient and ineffective to achieve job creation. Unemployment has continued to grow in 2011 and is expected to continue it in 2012. The pressures of the financial markets of the euro area and the Spanish public debt and the recommendations of the European Union [in the Council recommendation of 12 July 2011 on the national programme of reform of 2011 of Spain and by which airs an opinion of the Council on the programme of stability updated of Spain (2011-2014)] they must address the structural deficiencies of the Spanish labour market allowing to start the recovery of the Spanish economy. The urgent adoption of measures is required to generate the trust needed for creative employment agents make new hires and opt to implement internal flexibility measures rather than destroy jobs. This labor reform is intended to create the necessary conditions so that the Spanish economy can create jobs and thus, generate the trust needed for the markets and investors.

The extraordinary and urgent necessity required by article 86 of the Spanish Constitution to legislate by means of Royal Decree-law are predicables individually regarding each of the measures that are adopted but, in particular, of the ensemble members.

First of all, has to be taken into account regarding measures relating to incentives for hiring workers and to promote their employability, as the delay for the parliamentary handling of a standard containing these measures would have a negative impact on business hiring decisions and would seriously alter the functioning of the labour market. Hence, it is necessary the immediate establishment of the same. Indeed, the practice normative usual in our country confirms that all them modifications legal aimed to stimulate the recruitment is have instrumented by the figure of the real decree-law.

Secondly, measures concerning the internal flexibility of enterprises facilitating also demand a quick addition to the system, especially in the current circumstances of necessity which companies go to them as a primary alternative to job losses.

Thirdly, measures aimed at improving the efficiency of the labour market, directly related to the measures of adjustment and restructuring that must undertake enterprises, are close relationship with measures of the two previous groups and can not be understood without them, since a comprehensive understanding of the whole of the labour regulation that affects all these materials form an essential part of the formation of the will of the companies in the decisions to finally they take and should conform to the functioning of our work towards a growing market.

Fourthly, measures aimed at the improvement of labor intermediation, aiming the maximization of the efficiency of public and private resources to promote the recruitment, do not allow delay derived from a parliamentary processing of the standard, especially in view of the magnitude of the unemployment in our country.


Fifthly, the modifications included in the collective bargaining issues require give certainty to the bases on which the negotiating parties must address the negotiation and revision of collective agreements, in view of the significant innovations introduced by this Royal Decree-Law on title III of the Statute of workers. Expand the effectiveness of important amendments containing the standard would not hesitate to delay, even in the suspension of collective bargaining processes and minimize the impact of these changes seek to confer on collective agreements, such as regulatory frameworks agile and flexible allowing you to contribute effectively to the recovery of the economy and job creation.

Virtue, in application of the authorization contained in article 86 of the Spanish Constitution, on the proposal of the Minister of employment and Social Security, after deliberation by the Council of Ministers at its meeting of February 10, 2012, available: chapter I measures to promote the employability of workers article 1. Job placement.

One. Paragraph 3 of article 16 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: «3. the activity consisting in the recruitment of workers to temporarily transfer them to other companies will be held exclusively for temporary work in accordance with its specific legislation.» Likewise they may operate as employment agencies, provided they present a responsible statement which manifest itself to comply with the requirements laid down in law 56/2003, of December 16, of employment, and its implementing regulations to the competent employment service.»

Two. Article 1 of the Act 14/1994 of 1 June, which regulates temporary work companies, is drawn up in the following way: «article 1. Concept.

Temporary employment business is called that whose core activity is put at the disposal of another user, on a temporary basis enterprise, contract workers for her. The recruitment of workers to temporarily transfer them to another company only may be through temporary work companies duly authorized in the terms provided for in this law. Temporary work companies may also act as employment agencies provided they present a responsible statement which manifest itself to comply with the requirements laid down in law 56/2003, of December 16, of employment, and its implementing regulations.»

3. The letter b) of paragraph 1 of article 2 of the Act 14/1994 of 1 June, which regulates the companies of temporary work, is worded in the following way: «b) devote himself exclusively to the constitutive activity of company of temporary work, without prejudice to the provisions of article 1 of this law.»

Four. He paragraph 2 of the article 21 bis of the law 56 / 2003, of 16 of December, of employment, is drafted of the following mode: «2. them people physical or legal that wish to act as agencies of placement must get authorization of the service public of employment that is granted in accordance with the requirements that is established regulations.» The authorization, which will be unique and will be valid throughout the Spanish territory, shall be granted by the public State employment service on the assumption 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 only intends to act in the territory of a community.

The expiration of the maximum term of the authorisation procedure without express resolution have been notified to the person concerned will be the estimate of the request by administrative silence.»

5. The second additional provision of law 56/2003, of December 16, employment, is worded in the following way: «second additional provision. Temporary employment agencies.

Temporary work companies adjust their activity to the same regulatory provisions. However, when act as employment agencies must conform to the provisions of this law and its development provisions, including the obligation to ensure workers free of charge for the provision of services.»

Article 2. Vocational training.

One. The letter b) of paragraph 2 of article 4 of the text revised law of the Statute of workers, approved by Royal Legislative Decree 1/1995, of 24 March, is drawn up in the following way: "(b) promotion and professional training at work, including the aimed at their adaptation to modifications operated in the workplace» «, as well as the development of plans and training activities aimed at promoting its greater employability.»

Two. Paragraph 2 of article 11 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: «2. the contract for training and learning will aim the professional qualifications of workers in a system of alternation of work paid at a company with training activity received in the framework of the system of vocational training for employment or the» educational system.

The contract for training and learning will be governed by the following rules: to) be concluded with workers over the age of sixteen and under twenty-five years lacking professional qualifications recognized by the system of vocational training for employment or education required to enter into a contract in practice.

The maximum age limit shall not apply when the contract is concluded with people with disabilities.

(b) the minimum duration of the contract will be for one year and the maximum of three. However, by means of collective agreement may set different durations of contract, according to needs, organizational or production of the companies, while the minimum length can be less than six months nor more than three years maximum.

The situations of temporary disability, risk during pregnancy, maternity, adoption or fostering, risk during breast-feeding and paternity shall interrupt the computation of the length of the contract.

(c) expired on the duration of the contract for training and learning, worker not may be hired under this modality by the same or different company for the same work or occupation subject to the professional qualification related to the contract, but to a different target.

Contracts for training and learning may not be held when corresponding to the contract work has been played previously by worker at the same company for more than 12 months time.

(d) the worker must get training inherent in the contract for training and learning directly from a training centre of the network referred to in the fifth additional provision of the organic law 5/2002, of 19 June, qualifications and vocational training, previously recognized for this purpose by the national employment system. Still, you can also get this training in the company when it had the facilities and staff adequate for the purpose of the accreditation of the competence or professional qualifications referred to in paragraph e), without prejudice to the need, where appropriate, of the realization of complementary training periods in the centers of the mentioned network.

Work performed by the worker in the company must be related to training activities.

Regulations will be developed the teaching system and the characteristics of the training of workers in the training centres and enterprises, as well as its recognition in a regime of alternating with effective work to promote a greater relationship between this training and the learning of the worker. Training activities may include training not referred to the national catalogue of professional qualifications to adapt both to the needs of workers and firms.

Also will be subject to regulatory development aspects related to the financing of training activities.

(e) the qualification or professional competence acquired through contract for training and learning will be object of accreditation under the terms laid down in the organic law 5/2002, of 19 June, qualifications and vocational training, and its implementing regulations. In accordance with this regulation, the worker may request competent public administration the corresponding certificate of professionalism, training or, where applicable, be combined partial accreditation title.

(f) the time of effective work, which shall be compatible with the time devoted to training activities, may not exceed to 75 per cent, during the first year, or 85 per cent, during the second and third year of maximum hours provided for in the collective agreement or, failing that, to the maximum legal working. Workers may not work overtime, except in the case provided for in article 35.3. They may not perform night work or shift work.


(g) the remuneration of the worker hired for training and learning will be in proportion to the time of effective, pursuant to collective agreement.

In any case, the remuneration may be less than the national minimum wage in proportion to effective working time.

(h) the protective action of the Social security of workers hired for training and learning will understand all contingencies, yielded situations and benefits, including unemployment. Also be entitled to coverage of the wage guarantee fund.

«(i) in the case of the worker to continue in the company at the end of the contract shall set out in paragraph 1, paragraph f), of this article.»

3. Article 23 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: «(1. El trabajador tendrá derecho: a) to the enjoyment of the permissions required to attend exams, as well as a preference to choose shift work, if such is the regime established in the enterprise» When studied on a regular basis to obtain an academic or professional degree.

(b) to the adaptation of the regular work day to attend vocational training courses.

(c) to grant appropriate permissions for training or professional development with job reservation.

(d) to the training necessary for their adaptation to modifications operated in the workplace. It will be borne by the company, without prejudice to the possibility of obtaining appropriations earmarked for training for that purpose. The time devoted to training will be considered in any case effective working time.

2. in collective bargaining are pactarán the terms of the exercise of these rights, which will accommodate criteria and systems that ensure the absence of direct or indirect discrimination between one and other sex workers.

3. workers with at least one year of seniority in the company are entitled to a paid leave of 20 annual hours of training related to the job combined for a period of up to three years. The realization of the enjoyment of the permit shall be fixed by mutual agreement between worker and employer.»

Four. The letter c) of paragraph 1 of article 26 of law 56/2003 of 16 December on employment, is worded in the following way: «c) the participation of the most representative trade unions and business organizations and centres and training institutions duly accredited in the design and planning of the subsystem of vocational training for employment. "

5. A 10 paragraph is added to article 26 of law 56/2003, of December 16, employment, with the following content: «10. The training received by the worker throughout his professional career, according to the catalogue of professional qualifications, shall be entered in an account of formation, associated with the number of affiliation to Social Security.

The public employment services shall be corresponding annotations on the conditions established by law."

6. Paragraph 1 of the sixth transitional provision of law 45/2002, of 12 December, reform of the unemployment protection system, is drawn up in the following way: «sixth transitional provision. Replacement program for workers in training by workers who are recipients of unemployment benefits.

1. in application of the provisions in the third subparagraph of paragraph 4 of article 228 of the revised text of the General Social Security Act, in the wording given to it by this law, all companies, what ever the size of its workforce, to replace workers with workers unemployed beneficiaries of benefits unemployment during the time in which those involved in training may benefit from this programme , provided that such actions are funded by any of the public administrations.

The programme regulated in the present transitional provision shall be mandatory for the unemployed workers who are recipients of unemployment benefits referred to in the preceding paragraph.'

Article 3. Reductions of fees in the contracts for training and learning.

1. them companies that, starting from the entry in force of this real Decree-Law held contracts for it training and the learning with workers unemployed registered in it office of employment with previously to the 1 of January of 2012, will have right, during all the validity of the contract, included it extension, to a reduction of them fees business to it security Social by contingencies common as well as those for accidents at work and occupational diseases, unemployment, vocational training and wage guarantee fund, corresponding to such contracts, the 100 by 100 if contract is carried out by companies whose template is less than 250 people, or 75 percent, on the assumption that the contracting company has a template equal to or superior to that figure.

In addition, for training and learning contracts concluded or extended pursuant to the preceding paragraph, 100 percent of the quotas of workers will reduce Social security during all the duration of the contract, including the extension.

2. companies that transform into permanent contracts, contracts for training and the learning, that is the date of its celebration, shall be entitled to a reduction in business share Social security of 1,500 euros per year, for three years. In the case of women, this reduction will be 1,800 euros per year.

3. in matters not provided in this article, shall apply the provisions of section I of chapter I of law 43/2006, of 29 December, for the improvement of growth and employment.

Chapter II promotion of indefinite hiring and other measures to encourage the creation of employment article 4. Contract of employment for an indefinite time of support to entrepreneurs.

1. with the aim of facilitating the stable employment at the same time that enhances the business initiative, companies with less than 50 workers may conclude the contract of employment in support of entrepreneurs that is regulated in this article.

2. the contract will be held for an indefinite time and full-time and will be formalized in writing on the model established.

3. the status of the contract and the rights and obligations arising from it shall be governed generally by the provisions of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, and in collective agreements for contracts indefinitely, with the exception of the duration of the trial period to that referred to in article 14 of the Statute of the Workers, who will be one year in any case.

4 the company shall have the right to apply the following tax incentives: to) on the assumption that the first contract of employment entered into by the company is carried out with a less than 30 years, the company shall be entitled to a tax deduction of three thousand euros.

(b) in addition, in case of hiring unemployed beneficiaries of a contributory unemployment regulated in title III of the revised text of the Act General of the safety Social, approved by Royal Legislative Decree 1/1994, of 20 June, company shall be entitled to a tax deduction with an amount equivalent to 50 per cent of the unemployment benefit that the worker had slope perceive at the time of hiring (with a limit of twelve monthly payments and, in accordance with the following rules: 1) the hired worker must have perceived the provision, at least three months at the time of hiring.

(2nd.) the amount of the deduction to be entitled the company shall be fixed on the date of commencement of the employment relationship and will not be changed by circumstances that occur later.

(3rd.) the company will require the worker a certificate of the public State employment service on the amount of the provision pending perceive on the scheduled date of the beginning of the employment relationship.

The hired worker may voluntarily make compatible each month, along with the salary, 25 per cent of the amount of the benefit which had recognized and slope perceive at the time of their recruitment.

In any case, when the worker bring not into agreement providing with salary under the terms of the previous paragraph, will keep the worker's right to unemployment benefits that they restasen you seem at the time of placement, being application provisions in articles 212 and 213 of the consolidated text of the General Social Security Act approved by Royal Legislative Decree 1/1994 of 20 June.

5 regardless of tax incentives previously cited, the hiring of unemployed persons registered at the employment office entitles the following bonus, provided that they relate to any of these groups: to) young people between 16 and 30, both inclusive, the company shall be entitled to a bonus in the business share Social Security three years whose amount will be 83.33 euros/month (1 000 euros per year) in the first year; 91,67 EUR/month (1,100 euros per year) in the second year, and 100 euros/month (1,200 euros/year) in the third year.


When these contracts are concluded with women in sectors in which this group is under-represented the previous amounts will increase at 8.33 euros/month (100 euros/year).

(b) older than 45 years, who have been registered in the Employment Office at least 12 months in the 18 months prior to hiring, the company shall be entitled to a bonus in the business contribution to Social Security, whose amount will be 108,33 euros/month (1,300 euros/year) for three years.

When these contracts are concluded with women in sectors in which this collective is less represented, them bonuses indicated will be from 125 euros / month (1,500 euros / year).

These bonuses will be compatible with other public supports provided for the same goal, without that in any case the sum of applicable allowances does not exceed 100 per 100 of the business share Social Security.

6. do not you can arrange work contract indefinite support to entrepreneurs concerning this article, the company that, in the six months prior to the conclusion of the contract, had been labour contracts extinction by objective causes declared inadmissible by court ruling or had proceeded to a collective dismissal. In both cases, the limitation will affect only extinctions and layoffs produced subsequent to the entry into force of this Royal Decree, and to cover those jobs of the same professional group as those affected by the termination or dismissal and for the Centre or workplace.

7. for the implementation of the aforementioned incentives, the employer must keep in employment workers hired at least three years from the date of start of the employment relationship, proceeding in case of breach of this obligation to his reinstatement.

Shall not be considered unfulfilled obligation of maintaining employment when the employment contract is extinguished by declared or recognized as from disciplinary dismissal, resignation, death, retirement or permanent disability total, absolute or major disability of the worker.

8. for the purposes of this article, take into account the number of workers of the enterprise at the time of hiring.

9 no provisions of this article shall apply forecasts contained in section 1 of chapter I of law 43/2006, of 29 December, for the improvement of growth and employment, except as provided in article 6(2) relating to exclusions.

Article 5. Part-time contract.

The letter c) of paragraph 4 of article 12 of the text revised law of the Statute of workers, approved by Royal Legislative Decree 1/1995, of 24 March, is written follows: «c) part-time workers may work overtime. " The number of overtime hours which may be will be legally provided for in proportion to the agreed day.

Overtime hours in the part-time contract be computed for the purposes of contribution to Social Security bases and regulatory bases of the performance.

The realization of additional hours shall be governed by the provisions of paragraph 5 of this article.

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

Article 6. Working distance.

Article 13 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: «article 13. Working distance.

1 it will be considered work that that provision of the work is carried out dominating at the home of the worker or the place freely chose this alternative to face-to-face development in the center of the company's work.

2. the agreement whereby the working distance is established will be formalized in writing. So if the agreement is established in the initial contract as if it were higher, you shall apply the rules contained in article 8.3 of this law for the basic copy of the employment contract.

3. workers distance will have the same rights that provide their services in the workplace of the company, except those that are inherent in the realization of the labor provision in the same in person. In particular, remote workers are entitled to receive, at a minimum, total remuneration established according to their professional group and functions.

The employer shall establish the means necessary to ensure effective access of these workers to continuing vocational training, in order to further their professional development. Also, in order to facilitate mobility and promotion, to inform workers within distance of the existence of jobs vacancies for eye development in their places of work.

4. remote workers are entitled to adequate protection in safety and health resulting from application, in any case, the provisions of the law 31/1995 of 8 November and its implementing regulations.

5 remote workers may exercise the rights of collective representation as provided in this law. For this purpose such workers must be affiliated to a specific work center.»

Article 7. Bonuses of quotas by processing of contracts in practice, relief and substitution in indefinite.

1. companies that transform into indefinite contracts in practice, relay and replacement by anticipation of the retirement age, anyone who is the date of its celebration, are entitled to a bonus in the business share of 41.67 euros/month (500 euro/year) Social Security, for three years.

In the case of women, these bonuses will be 58,33 euros/month (700 euros/year).

2 may be beneficiaries of allowances set out in this article, companies with less than 50 workers at the time of hiring, including self-employed workers, and labour or cooperative societies that incorporated workers as workers partners or work, provided that the latter have opted for a system of Social security of workers employed.

3. in matters not provided for in this provision, shall apply the provisions of section 1 of chapter I of law 43/2006, of 29 December, for the improvement of growth and employment.

4. workers hired on the basis of this article will be priority in training schemes for people occupied within the programmes of vocational training for employment, as well as any other measures of active policy of employment, in order to increase their professional qualification.

Chapter III measures to promote flexibility internal companies as an alternative to the destruction of employment article 8. Professional classification.

Article 22 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: «article 22. Professional classification system.

1. by negotiating collective or, failing that, agreement between the company and workers representatives, will be established professional workers by occupational groups classification system.

2 means professional group that unitary group skills, qualifications and general contents of the provision, and it may include different tasks, functions, professional specialties or responsibilities assigned to the worker.

3. the definition of professional groups shall conform to criteria and systems that have as an object to ensure the absence of direct and indirect discrimination between men and women.

4. by agreement between the worker and the employer shall be allocated to the worker a professional group and is set as the content of the labor provision of the contract of work assigned the realization of the functions corresponding to the professional group or only some of them. When agreed functional polyvalence or realization of functions of more than one group, equal opportunities will take place under the functions that perform during longer.»

Article 9. Working time.

Paragraph 2 of article 34 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: «2. through collective agreement or, failing that, the uneven distribution of the day throughout the year can be established by agreement between the company and workers representatives,.» In the absence of agreement to the contrary, the company may distribute irregularly throughout the year 5 percent of the day's work.

«Such distribution shall comply in any case minimum daily and weekly rest periods provided for in the law.»

Article 10. Functional mobility.

Article 39 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: «article 39. Functional mobility.


1. the functional mobility in the Enterprise shall be made according to the academic or professional qualifications specific to the labor provision and with respect for the dignity of the worker.

2. the functional mobility for performing functions, superior, inferior, not corresponding to the professional group will only be possible if there are technical or organizational to justify it and reasons for the essential time for your attention. The employer shall communicate its decision and the reasons for this to representatives of workers.

In the case of entrustment of higher functions of the professional group for a period exceeding six months a year, or eight for two years, the worker may claim rise, if to do so does not preclude provisions of collective agreement or, in any case, the coverage of the vacancy corresponding to functions it performed in accordance with the rules of applicable promotions in the company , without prejudice to claim the corresponding wage difference. These actions will be cumulative. Against the refusal of the company, and report of the Committee or, in his case, the staff delegates, the worker may claim before the social courts. Through collective bargaining periods other than those expressed in this article may be for the purpose of claiming coverage of vacancies.

3. the workers shall be entitled to the remuneration corresponding to the functions effectively perform, except in cases of encomienda de lower functions, which will keep the retribution of origin. It won't fit to invoke causes target dismissal of sudden ineptitude or lack of adaptation in the cases of realization of functions other than usual as a result of functional mobility.

4. the change of functions other than those agreed not included in the cases referred to in this article shall require the agreement of the parties or, failing that, submission to the rules laid down for amendments to substantial working conditions or to which to that end had established in collective agreement.»

Article 11. Geographical mobility.

One. Paragraph 1 of article 40 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: «1. the transfer of workers who have not been specifically hired to provide its services in enterprises with mobile or travelling work centers to a place of work different from the same company that would require changes of residence will require the existence of economic reasons» technical, organizational or production justifying it. Be considered as such which are related to competitiveness, productivity, or technical organization or work in the company, as well as engagements relating to business activity.

The decision to transfer must be notified by the employer to the worker, as well as to their legal representatives, minimum notice of thirty days from the date of its effectiveness.

Notified the transfer decision, the worker shall be entitled to choose between transfer, receiving compensation for costs, or the extinction of its contract, receiving a compensation of 20 days of salary per year of service, prorating for months the time periods less than one year and a maximum of twelve months. The compensation referred to in the first so-called shall include both own expenses and those of family members in charge, in terms that are agreed upon between the parties, which will never be less than the minimum limits laid down in collective agreements.

Notwithstanding the enforceability of the transfer in the cited period of incorporation, the worker showing not having opted for the termination of his contract is unhappy with the business decision can challenge it before the competent court. The statement declared the transfer justified or unjustified and, in this last case, will recognize the right of the worker to be reinstated to the center of work of origin.

«When, to circumvent the provisions contained in the following section of this article, the company perform transfers in successive periods of ninety days to lower the thresholds there number indicated, unless there are new reasons justifying such action, such new transfers will be considered made in fraud law and they will be declared null and void.»

Two. Paragraph 2 of article 40 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: «2. the transfer referred to in the preceding paragraph shall be preceded by a period of consultation with the legal representatives of the workers of a duration not exceeding fifteen days» (, affect the whole of the workplace, provided that this deal more than five workers, or when, without affecting all of the Centre's work, in a period of ninety days, you will appreciate a number of workers, at least: to) ten workers in enterprises that occupy less than 100 workers.

(b) 10 per cent of the number of employees of the company in those that occupy between one hundred and three hundred workers).

(c) thirty workers in enterprises that occupy more than 300 workers.

Intervention as partners to the direction of the company in the consultation procedure will correspond to the Trade Union sections when they so agree, provided that they join the majority of the members of the Works Council or staff delegates.

This period of consultations should be motivating causes the business decision and the possibility to avoid or reduce its effects, as well as measures to mitigate their consequences for the workers concerned.

The opening of the consultations and the positions of the parties after its conclusion must be notified to the labour authority for their knowledge.

During the period of consultation, the Parties shall negotiate in good faith, with a view to reaching an agreement.

The agreement will require the conformity of the majority of the members of the Committee or committees, of the delegates of personnel, where appropriate, or of trade union representatives, if any, which, together, represent the majority of those.

In cases of absence of legal representation of workers in the company, these may be attributed its representation to a Commission designated pursuant to article 41.4.

Upon completion of the consultation period the entrepreneur notify workers its decision on the transfer, which shall be governed in all respects by the provisions of paragraph 1 of this article.

Against the decisions referred to in this paragraph you can claim in dispute, without prejudice to the individual action provided for in paragraph 1 of this article. The interposition of the conflict stop the processing of individual actions initiated, until its resolution.

Agreement with legal representatives of the workers in the period of consultations shall be without prejudice to the right of the workers affected the exercise of the option provided for in the fourth subparagraph of paragraph 1 of this article.

The entrepreneur and the legal representation of workers may agree at any time replacing consultation period referred to in this paragraph for the application of the procedure of mediation or arbitration that applies in the area of the company, which must develop within the period designated for that period.»

3. Paragraph 5 of article 40 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: "5. the legal representatives of the workers will have priority of permanence in the jobs referred to in this article." «By collective agreement or agreement reached during the consultation period, priorities of permanence in favour of other groups, such as workers with family responsibilities, workers may be given older or disabled people.»

Article 12. Substantial working conditions change.

One. Article 41 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: «article 41. Substantial working conditions changes.

1. the management of the company may agree to substantial changes in the conditions work when there are proven reasons economic, technical, organizational or production. Be considered as such which are related to competitiveness, productivity, or technical organization or work in the company.

They shall be regarded as substantial changes in working conditions, among others, affecting the following matters: to) working day.

(b) schedule and distribution of working time.

(c) duty shifts.

(d) system of remuneration and wage amount.

(e) performance work system.

(f) functions, when they exceed the limits foreseen by article 39 of this law for functional mobility.


2 material conditions of work modifications may affect the conditions recognized to workers in the employment contract, agreements or covenants on collective or much enjoyed by them under a unilateral decision of the employer's collective effects.

He is considered collective modification affecting in a period of ninety days, unless a: ten workers in enterprises that occupy less than 100 workers.

10 per cent of the number of employees of the company in those that occupy between one hundred and three hundred workers.

Thirty workers at companies that occupy more than 300 workers.

He is considered individually and the amendment which, in the reference period established, does not reach the thresholds designated for collective amendments.

3. the decision of working conditions of individual character-substantial modification must be notified by the employer to the worker concerned and their legal representatives with a minimum notice of 15 days from the date of its effectiveness.

In the cases referred to in paragraphs to), b), c), d)) and (f) of paragraph 1 of this article, if the worker is handicapped by the substantial change shall be entitled to terminate its contract and receive compensation of 20 days of salary per year of service, prorating for months the periods of less than one year and a maximum of nine months.

Notwithstanding the enforceability of the modification within the aforementioned period of effectiveness, the worker showing not having opted for the termination of his employment was unhappy with the business decision can challenge it before the social courts. The judgment shall declare the amendment justified or unjustified and, in the latter case, recognize the right of the worker to be replaced under their previous conditions.

When to circumvent the provisions contained in the following section of this article, the company made substantial changes in working conditions in successive periods of ninety days in less than the thresholds provided second amendments to collective, unless there are new reasons justifying such action, such further amendments will be considered made in fraud law and they will be declared null and void and without effect.

4. without prejudice to the specific procedures which may be established in the collective bargaining, collective working conditions of substantial modification decision must be preceded in the companies in which there are legal representatives of workers in a period of consultation with them of not more than fifteen days, which will focus on motivating causes the business decision and the possibility to avoid or reduce its effects , as well as on measures required to mitigate their consequences for the workers concerned.

Intervention as partners to the direction of the company in the consultation procedure will correspond to the Trade Union sections when they so agree, provided that they join the majority of the members of the Works Council or staff delegates.

During the period of consultation, the Parties shall negotiate in good faith, with a view to reaching an agreement. The agreement will require the conformity of the majority of the members of the Committee or committees, of the delegates of personnel, where appropriate, or of trade union representatives, if any, which, together, represent the majority of those.

In companies where there is no legal representation of them, they may choose to attribute its representation for the negotiation of the agreement, at its option, to a Committee of a maximum of three members composed of workers of the enterprise and democratically elected by these or to a Committee of equal numbers of designated components, according to their representativeness by trade unions most representative of the sector to which belongs to the company and who were entitled to be part of the Negotiating Committee of the application to the same collective agreement.

In all cases, the designation must be made within a period of five days counting from the beginning of the consultation period, unless the lack of designation may lead to the suspension of the same. The agreements of the Commission will require the vote of the majority of its members. On the assumption that the negotiation is made with the Commission whose members are appointed by the trade unions, the entrepreneur can attribute its representation to business organizations that were integrated, and may be the same most representative at the regional level, and independence of the Organization in which it is integrated with sectoral or cross-sectoral character.

Businessman and the representation of workers may agree at any time replacing consultation period by the procedure of mediation or arbitration that applies in the area of the company, which must develop within the period designated for that period.

When the period of consultations end with agreement is presumed that concur them causes justifications that alludes the paragraph 1 and only may be contested before the jurisdiction competent by the existence of fraud, dolo, coercion or abuse of right in his 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 working conditions modification shall be notified by the employer once workers finished the period of consultations without agreement and will take effect within the period of seven days following its notification.

Against the decisions referred to in this paragraph you can claim in dispute, without prejudice to the individual action provided for in paragraph 3 of this article. The interposition of the conflict stop processing of individual actions until its resolution.

6. the modification of working conditions laid down in collective agreements regulated in title III of this law shall be in accordance with article 82.3.

7. in the area of transfers it shall apply to the specific rules laid down in article 40 of this law.»

Two. The letter a) of paragraph 1 of article 50 of the text revised law of the Statute of workers, approved by Royal Legislative Decree 1/1995, of 24 March, is worded in the following terms: "to) the substantial changes in working conditions carried out without respecting the provisions of article 41 of this law and that they result in impairment of the dignity of the worker."

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

Article 47 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: «1. the entrepreneur may suspend the contract of employment due to economic, technical, organizational or production.» The procedure, which will be applicable either that the number of workers of the enterprise and the number of people affected by the suspension, will begin using communication to the competent labour authority and the simultaneous opening of a period of consultation with the legal representatives of the workers of not more than fifteen days.

The labour authority will transfer of business communication to the managing body of the benefits for unemployment and seek mandatory report from the Inspectorate of labour and Social Security on the ends of the communication and the development of consultation period. The report must be evacuated in the non-extendable term of 15 days from notification to the labour authority of the completion of the consultation period and will be incorporated into the procedure.

In cases of absence of legal representation of workers in the company, these may be attributed its representation to a Commission designated pursuant to article 41.4.

When the consultation period ends with agreement shall be presumed to concur the reasons which alludes the paragraph first and can only be contested before the competent court by the existence of fraud, fraud, coercion or abuse of right in his conclusion.

Also may be challenged the agreement by the labour authority at the request of the managing body of the provision by unemployment when the agreement could be aimed at obtaining undue benefits from workers affected by absence of the motivating cause of the legal situation of unemployment.

After the completion of the consultation period the entrepreneur shall notify its decision on suspension workers and the labour authority. The labour authority shall communicate the business decision to the managing body of the unemployment benefit, date from which the business decision on the suspension of contracts, will take effect unless it one posterior contemplating.


Against the decisions referred to in this paragraph may claim the worker before the social Court that declared the measure justified or unjustified. When the business decision affects a number of workers equal to or greater than the thresholds laid down in paragraph 1 of article 51 of this law you can claim in dispute, without prejudice to individual action. The filing of the dispute stop the processing of individual actions initiated, until its resolution.

2. the working day may be reduced due to economic, technical, organizational or production in accordance with the procedure laid down in the preceding paragraph. For these purposes, means reduction in working hours the temporary decline of between 10 and 70 percent of the workday computed on the basis of a daily, weekly, monthly, or annual Conference. During the period of reduction in working hours may not work overtime except for force majeure.

3. Similarly, the employment contract may be suspended by cause for force majeure in accordance with the procedure laid down in article 51.7 of this law and regulations of development.

4. for contract suspensions or reductions of day will promote the development of training actions linked to the professional activity of the affected workers whose object is to increase its versatility or increase your employability.»

Article 14. Collective bargaining.

One. Paragraph 3 of article 82 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: «3. collective agreements governed by this law oblige all employers and employees including within its scope of application and during all the time of its entry into force. "

Without limiting the foregoing, when majeure economic, technical, organizational or production, by agreement between the company and the workers representatives entitled to negotiate a collective agreement subject to the provisions of article 87.1, you can be, previous development of a period of consultation under the terms of article 41.4, indicates in the company of working conditions provided for in the applicable collective agreement (, this sector or company, relating to the following matters: to) working day.

(b) schedule and the distribution of working time.

(c) duty shifts.

(d) system of remuneration and wage amount.

(e) system of work and performance.

(f) functions, when they exceed the limits foreseen by article 39 of this law for functional mobility.

(g) voluntary improvements in the protective action of Social Security.

Means that economic causes attend when the results of the company comes off a bad economic situation, in cases such as the existence of lost current or planned, or the persistent decrease in their level of income or sales. In any case, means that the decline is persistent if it occurs for two consecutive quarters.

It is understood that technical reasons concur when changes, among others, in the field of the means or instruments of production; causes of organizational when, among others, changes in the scope of systems and methods of work of the staff or mode of organizing production and productive causes when change, among others, in the demand for the products or services that the company intends to place on the market.

In cases of absence of legal representation of workers in the company, these may be attributed its representation to a Commission designated pursuant to article 41.4.

When the consultation period ends with agreement shall be presumed to concur the reasons referred to in the second paragraph, and can only be contested before the social courts by the existence of fraud, fraud, coercion or abuse of right in his conclusion. The agreement must accurately determine the new applicable working conditions in the enterprise and its duration, which may not extend is beyond the moment when applicable a new Convention in this company. In addition, the agreement shall be notified to the Joint Commission of the collective agreement and the labour authority.

In case of disagreement during the consultations either party may refer the discrepancy to the Joint Commission of the Convention which shall have a maximum period of seven days to decide, to tell since the discrepancy was raised. When this don't reach an agreement, the parties may resort to the procedures that should be established by the inter-trade agreements of State or regional scope, provided for in article 83 of the present law, to solve effectively the discrepancies arising in the negotiation of the agreements referred to in this paragraph, including the prior commitment submit any disputes to binding arbitration in which case the arbitration award will have the same effectiveness as the agreements on consultation and only be appealed in accordance with the procedure and on the basis of the reasons set out in article 91.

When the consultation period ends without agreement and parties had not undergone the procedures referred to that referred to in the preceding paragraph or these had not solved the discrepancy, either of the parties may submit discrepancies solution to the National Advisory Commission on collective agreements when the failure of the working conditions affect the work centres located in the territory of more than one autonomous community , or to the relevant bodies of the autonomous communities in other cases. The decision of these bodies, which may be adopted within its own ranks or by an arbitrator designated by them, shall be held in period not exceeding twenty-five days counting from the date of submission of the dispute to such bodies. Such decision will be the effectiveness of the agreements reached in consultation and will only be appealed in accordance with the procedure and on the basis of the reasons set out in article 91.»

Two. Paragraph 1 of article 84 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: «1. A collective agreement, during its term, may not be affected by the provisions in conventions of different scope unless otherwise agreed, negotiated pursuant to paragraph 2 of article 83» «, and except as provided in the following section.»

3. Paragraph 2 of article 84 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: «2. the regulation of the conditions laid down in an agreement of company will have priority application of sectoral Convention State, autonomic or lower in the subject area» (: a) the amount of base salary and salary supplements, including those related to the situation and results of the company.

(b) manure or overtime compensation, and the specific remuneration of work shifts.

(c) the timetable and the distribution of working time, the regime of work shifts and annual vacation planning.

(d) the adaptation to the level of the undertaking of the workers professional qualification system.

(e) adaptation of aspects of modalities of engagement that are attributed by this law to the conventions of company.

(f) measures to facilitate the reconciliation between work, family and personal life.

(g) those others that have agreements and collective agreements referred to in article 83.2.

Equal priority application will have collective agreements for a group of companies or a plurality of intercompany for organizational or productive, and namely identified reasons referred to in article 87.1 in these matters.

Agreements and collective agreements referred to in article 83.2 not available the application priority under this paragraph.'

Four. Paragraph 3 of article 85 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: «(3. Sin perjuicio de la libertad de contratación a que se refiere el párrafo anterior, los convenios colectivos habrán de expresar como contenido mínimo lo siguiente: a) determination of the parts that make them.»

(b) personal, functional, territorial and temporal scope.

(c) procedures to resolve any discrepancies that may arise for the non-application of the conditions of work referred to in article 82.3, adapting, if necessary, the procedures established in this regard in the inter-trade agreements of State or regional level pursuant to such items effectively.

d) form and conditions of denunciation of the Convention, as well as minimum term for such a report before the end of its term.


«(e) appointment of a joint Commission of the representation of the negotiating parties to understand those issues set forth in the law and many others assigned to it, as well as establishment of procedures and terms of this Commission, including the submission of discrepancies in her womb to non judicial systems of dispute settlement established by the inter-branch regional or State level agreements provided for in article 83.»

5. Paragraph 1 of article 86 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: «1. corresponds to the negotiating parties establish the duration of the agreements, and may eventually agreed different periods of validity for each subject or homogeneous group of materials within the Convention itself. "

During the term of the collective agreement, subjects who meet the requirements of legitimacy provided for in articles 87 and 88 of this Act may negotiate their review.»

6. Paragraph 3 of article 86 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: «3. the term of a collective agreement, once denounced and concluded the agreed duration, occurs in the terms that had been established in the Convention itself. "

During them negotiations for the renewal of a Convention collective, in defect of Pact, is will keep its force, while them clauses conventional by which is had waived to it strike during the validity of a Convention wither starting from its denounces. Partial agreements for the modification of one or several of its contents carried over may be taken by the parties in order to adapt them to the conditions under which, after the completion of the agreed term, activity develops in the sector or in the company. These agreements shall be the effective governing parties.

Through inter-professional agreements of State or regional level, provided for in article 83, general and direct application procedures must be established to solve effectively the existing discrepancies after the course of bargaining without reaching an agreement, including the prior commitment to submit disagreements to arbitration, in which case the arbitration award will have the same legal effectiveness as collective agreements and only may be appealed in accordance with the procedure and based on the reasons set out in article 91. These inter-trade agreements shall specify the criteria and procedures of development of arbitration, expressed in particular in the case of impossibility of agreement in the bosom of the Negotiating Committee, mandatory or voluntary submission to the arbitration by the parties; in the absence of specific agreement on the compulsory or voluntary nature of the submission to the arbitration procedure, means that arbitration is mandatory.

Two years after the denunciation of the collective agreement unless it has agreed a new Convention or an arbitral award, he voided, unless otherwise agreed, and shall apply, if any, the collective agreement of a higher level than outside application.»

7. Paragraph 2 of article 89 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: «2. within a maximum period of one month from the receipt of the communication, will proceed to form the Negotiating Committee;» the recipient of the communication shall respond to the proposal of negotiation and both parties shall establish a timetable or plan of negotiation."

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

1. enterprises are entitled to a bonus of 50 percent of the business Social security contributions for common contingencies, earned by workers in situations of suspension of contract or temporary reduction of day due to economic, technical, organizational or production or force majeure, including suspensions of contracts group processed in accordance with the insolvency law. The duration of bonus will be coincident with the situation of unemployment of workers, without in any case you can exceed 240 days per worker.

2. to obtain the bonus it will be required that the employer undertakes to keep workers affected for at least one year after the end of the suspension or reduction in employment. Breach of this obligation, you must reinstate the applied bonuses for these workers, without prejudice to the application of provisions of the revised text of the law on offences and sanctions in the Social order, approved by Royal Legislative Decree 5/2000, of 4 August.

Shall not be considered breached this obligation when the employment contract is extinguished by disciplinary dismissal declared, resignation, death, retirement or permanent disability total, absolute or serious disability of the worker.

Companies that have become extinct or extinct by recognized or declared unfair dismissal or redundancy contracts which have applied to the bonus provided for by this article shall be excluded for a period of twelve months from the application of bonuses in the Social insurance contributions. The above-mentioned exclusion will affect a number of contracts equal to the extinctions produced. The exclusion period shall run from the recognition or declaration of inadmissibility of dismissal or collective dismissal for extinction.

3 shall apply the provisions of articles 1.3 and 1.4 of the law 43/2006, of 29 December, for the improvement of growth and employment, as well as the requirements regulated in article 5, the exclusions set out in letters a) and b) of article 6.1, and the provisions of its article 9 on reinstatement of the benefits.

4. allowances referred to in this article shall be compatible with other public supports provided for the same purposes, including the regulated in the programme for the promotion of employment, without that in any case the sum of applicable allowances does not exceed 100 per 100 of the business share to Social Security.

5. the provisions of this article shall apply to the requests for regulation of employment from January 1, 2012 until December 31, 2013.

6. the State employment service will conduct a quarterly monitoring of the bonus established in this article, to ensure compliance with the requirements and purpose of the same.

Article 16. Replacement of the right to unemployment benefits.

1. when a company, pursuant to article 47 of the Statute of workers or a bankruptcy procedure, has suspended work, continuously or not, contracts or reduced the number of days or hours of work, and subsequently becoming extinct contracts on the basis of articles 51 or 52.c of the Statute of workers, or article 64 of law 22/2003 (, July 9, insolvency, the workers concerned shall be entitled to the replacement of the duration of the provision contributory level unemployment for the same number of days that would have perceived the unemployment total or partial in virtue of those suspensions or reductions up to a maximum of 180 days, provided that the following conditions are met: to) that day cuts or suspensions have occurred between January 1, 2012 and 31 December 2012, both inclusive;

(b) that the dismissal occurs between the date of entry into force of this Royal Decree and on December 31, 2013.

2 the replacement referred to in paragraph 1 of this article shall apply when at the time of the termination of the employment relationship: to) resume the right to the benefit by unemployment.

(b) opt for the reopening of the right to the benefit by initial unemployment, in exercise of the right of option provided for in article 210.3 of the revised text of the Act General of the safety Social, approved by Royal Legislative Decree 1/1994 of 20 June.

(c) it has exhausted the provision unemployment during the suspension or the reduction in working hours and a new right to contributory unemployment benefit was not generated.

3. the replacement referred to in this article shall apply to the same right to the benefit by unemployment that was consumed during the temporary suspension or temporary reduction of the working day.

The contribution base and the amount to receive, during the period of the replacement, will be the same as that which corresponded to the object of the replenishment periods.

4. the right to replacement will be recognized ex officio by the managing entity in the event that prompted the resumption or reopening of the unemployment benefit.

In the cases that will be dead right shall require replacement, being of application set out in article 209 of the General Social Security Act.


5. subsidies recognized in concept replacement of benefits for unemployment workers included in support schemes to facilitate labor adjustment of sectors affected by structural changes in world trade, as envisaged in these support schemes and in the order of 5 April 1995, by which the aid which may be granted by the Ministry of employment and Social Security to workers affected by restructuring processes are determined and/or restructuring of companies, will not be cumulative to the reinstatement of benefits established in this article.

Chapter IV measures to promote the efficiency of the labour market and reduce the labor duality article 17. Temporary suspension of the application of article 15.5 of the Statute of workers.

Article 5 of Royal Decree-Law 10/2011, August 26, on urgent measures for the promotion of the employment of young people, the promotion of stability in employment and maintenance of the program of retraining professional people who exhausted their unemployment protection, is drawn up in the following way: «is suspended, until 31 December 2012 «, the application of the provisions of article 15.5 of the consolidated text of the workers ' Statute Act, approved by Royal Legislative Decree 1/1995 of 24 March.»

Article 18. Extinction of the contract of work.

One. The letter h) of paragraph 1 of article 49 of the text revised law of the Statute of workers, approved by Royal Legislative Decree 1/1995, of 24 March, is written follows: «h) force majeure which definitely hinders the provision of work, provided that their existence has been duly recorded pursuant to paragraph 7 of article 51.»

Two. The letter i) of paragraph 1 of article 49 of the text revised law of the Statute of workers, approved by Royal Legislative Decree 1/1995, of 24 March, is written follows: «i) by collective dismissal founded causes economic, technical, organizational or production.»

3. Article 51 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: «article 51. Collective dismissal.

1 a provisions in this law refers to collective dismissal of labour contracts extinction causes economic, technical, organizational or production when, in a period of ninety days, the extinction affect at least a: to) ten workers in enterprises that occupy less than 100 workers.

(b) 10 per cent of the number of employees of the company in those that occupy between one hundred and three hundred workers).

(c) thirty workers in enterprises that occupy more than 300 workers.

Means that economic causes attend when the results of the company comes off a bad economic situation, in cases such as the existence of lost current or planned, or the persistent decrease in their level of income or sales. In any case, means that the decline is persistent if it occurs for three consecutive quarters.

It is understood that technical reasons concur when changes, among others, in the field of the means or instruments of production; causes of organizational when, among others, changes in the scope of systems and methods of work of the staff or mode of organizing production and productive causes when change, among others, in the demand for the products or services that the company intends to place on the market.

Also be understood as collective redundancies the termination of contracts of employment affecting the whole of the staff of the company, provided that the number of workers affected is greater than five, when that occurs as a result of the total cessation of business founded in the same aforementioned reasons.

For the computation of the number of extinctions of contracts referred to in the preceding subparagraph of this article, shall be taken into account also any others produced in the reference period on the initiative of the employer under other reasons not inherent in the person of the employee other than those provided for in paragraph c) of paragraph 1 of article 49 of this law , provided that their number is, at least five.

When in successive periods of ninety days and in order to circumvent the provisions contained in this article, the company carry out extinction of contracts under the provisions in article 52 c) of this Act to a lower number to designated thresholds, and without that there are new reasons justifying such action, these new extinctions will be considered made on fraud law , and will be declared null and void.

2. the collective dismissal must be preceded by a period of consultation with the legal representatives of the workers of a duration not exceeding thirty days, or Quince for undertakings of less than 50 workers. Consultation with the legal representatives of the workers must be, at a minimum, on the possibilities of avoiding or reducing the redundancies and of mitigating the consequences by recourse to social measures, such as measures of relocation or actions of training or retraining for the improvement of the employability.

The communication of the opening of the consultations will be made by letter sent by the employer to the legal representatives of the workers, a copy of which will be sent, together with communication, to the labour authority. In that letter shall include the following: a) the specification of the causes of collective dismissal pursuant to paragraph 1.

(b) number and professional classification of workers affected by dismissal.

(c) number and professional classification of workers usually employed in the last year.

(d) period to carry out the dismissals.

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

The said communication shall be accompanied by an explanatory memorandum of the causes of collective dismissal and other aspects mentioned in the previous paragraph.

Communication has been received, the labour authorities shall inform the managing body of benefits for unemployment and seek, with mandatory character, report by the Inspectorate of labour and Social Security on the ends of the communication referred to in the preceding paragraphs and on the development of the consultation period. The report must be evacuated in the non-extendable term of 15 days from notification to the labour authority of the completion of the consultation period and will be incorporated into the procedure.

Intervention as partners to the direction of the company in the consultation procedure will correspond to the unions when they so agree, provided that they have the majority representation in councils or staff delegates.

In cases of absence of legal representation of workers in the company, these may be attributed its representation for the consultation period to a Committee designated pursuant to article 41.4.

During the period of consultation, the Parties shall negotiate in good faith, with a view to reaching an agreement.

The labour authorities shall ensure the effectiveness of the consultation period and can send, in his case, warnings and recommendations to parties which, in any case, will not be the cessation or suspension of the proceedings.

The period of consultation entrepreneur shall notify the labour authority the result of the same. If agreement has been reached, he will move a full copy of the same. Otherwise, send the representatives of workers and the labour authority the decision of collective dismissal it has taken and the same conditions.

3. when the extinction affect more than 50 per 100 workers, you will notice by the employer from the sale of the assets of the company, except those that constitute the normal traffic of the same, the legal representatives of the workers and, similarly, to the competent authority.

4 communicated the decision to representatives of workers, the employer shall notify layoffs individually workers affected in the terms established in article 53.1 of this law. This however, must have minimum 30 days elapsed between the date of the communication of the opening of the consultations to the labour authority and the date of the dismissal.

5. the legal representatives of the workers will have priority of permanence in the company in the cases referred to in this article. By collective agreement or agreement reached during the consultation period, tenure in favor of other groups, such as workers with family responsibilities, priorities may be determined older or disabled people.

6. the business decision can challenge through actions foreseen for this dismissal. The filing of the demand by the representatives of the workers seize up the processing of individual actions initiated, until resolution of that one.


The labour authorities can challenge the agreements adopted in the period of consultations when it deems that these have been achieved through fraud, fraud, coercion or abuse of right, as well as when the managing body of the unemployment benefit had been informed that the agreement could be aimed at obtaining undue benefits from workers affected by absence of the motivating cause of the legal situation of unemployment.

7. the existence of force majeure, as a motivating cause of the extinction of contracts of employment, must be confirmed by the labour authorities, either that is the number of the workers concerned, prior procedure processed pursuant to this section.

The record will start by request of the company, accompanied by proof that it deems necessary and simultaneous communication media to the legal representatives of the workers, who shall be entrusted to the status of interested party in all of the processing of the record.

The resolution of the labour authority will dictate, prior actions and reports essential, within five days from the request, and shall take effect from the date of the causal event of force majeure.

The labour authority which found the force majeure may decide that all or a portion of the compensation that corresponds to the workers affected by the termination of their contracts is satisfied by the wage guarantee fund, without prejudice to the right to reparation of the entrepreneur.

8. the obligations of information and documents provided for in this article shall apply irrespective of which the decision on collective redundancies has been taken by the employer or by the undertaking which exercises control over it. Any justification for the employer based on the fact that the company that made the decision has not provided him the necessary information may not be taken into consideration for this purpose.

9. in the case of procedures for collective dismissals of companies not falling in bankruptcy proceedings, which include workers with fifty and five or more years of age who do not have the condition of mutual benefit on January 1, 1967, there is the obligation to pay contributions to the financing of a special Convention on workers previously indicated in the terms provided for in the General Social Security Act.

10. the company carrying out a collective dismissal affecting more than 50 workers must offer affected workers an external relocation through authorized relocation companies plan. This plan, designed for a minimum period of 6 months, must include measures of training and vocational guidance, personalized attention to the worker concerned and actively seeking employment. In any case, the above shall not apply in the companies that had undergone a bankruptcy procedure. The cost of the preparation and implementation of this plan will not fall in any case on workers.

Breach of the obligation in this section or the accompanying social measures taken by the employer, may give rise to the claim of the compliance of the workers, without prejudice to the administrative responsibilities that come by default.

«11. the companies that can carry out collective dismissals pursuant to this article, and involving 50 or more workers years old, must be a financial contribution to the Treasury in accordance with legally.»

Four. The letter b) of article 52 of the text revised law of the Statute of workers, approved by Royal Legislative Decree 1/1995, of 24 March, is written follows: "(b) for lack of adaptation of the worker to technical amendments operated at your workplace, where such changes are reasonable. Previously the employer must offer workers a course aimed at facilitating adaptation to the operated modifications. During the training, the employment contract shall be suspended and businessman paid the worker wage means that come perceiving. Extinction not may be agreed upon by the employer until after, as a minimum, two months since the modification was introduced, or since he finished training for adaptation.»

5. The letter d) article 52 of the text revised law of the Statute of workers, approved by Royal Legislative Decree 1/1995, of 24 March, is written follows: «d) for assistance to work, even justified but intermittent faults, which reach 20% of the days working in two consecutive months, or 25% in four months discontinuous within a period of twelve months.»

Not be computed as lack of assistance, for the purposes of the preceding paragraph, absences due to strike for the duration of the same time, the exercise of activities of legal workers representation, accident, maternity, risk during pregnancy and lactation, diseases caused by pregnancy, childbirth or breastfeeding, fatherhood, licenses and vacation, illness or accident does not work when the low has been agreed upon by the official health services and has a duration of «more than twenty days consecutive, or them motivated by the situation physical or psychological derived of violence of gender, accredited by the services social of attention or services of health, according to proceed.»

6. The penultimate paragraph of paragraph 4 of article 53 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: «the extinctive decision will be considered from certifying the concurrence of the cause on which was based the extinctive decision and it has fulfilled the requirements set out in paragraph 1 of this article. Otherwise it will be considered irrelevant."

7. Paragraph 1 of article 56 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: «1. when dismissal is declared inadmissible, the entrepreneur, in within five days from notification of the judgment, can choose between reinstatement of the worker or the payment of compensation equivalent to 33 days of salary per year of service» prorating for months the time periods less than one year, up to a maximum of twenty-four months.

The payment of the compensation will determine the extinction of the employment contract, which shall be produced on the date of the effective cessation of the work.»

8. Paragraph 2 of article 56 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: «2. where they opt for the readmission, workers are entitled to wages processing.» «These shall correspond to an amount equal to the sum of the wage arrears from the date of dismissal until the notification of the judgment which declares the inadmissibility or until they had found other employment, if such placement was prior to that judgment and what is perceived, is proved by the employer for your discount from the salaries of processing.»

9. Paragraph 4 of article 56 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: «4. If the dismissed was a legal representative of the workers or a steward, the option will always correspond to this.» Not making the choice, means what it does for readmission. When the option, express or presumed, is in favour of the readmission, this will be a must. Whether you opt for compensation as if done by the readmission, shall be entitled to the wages of processing referred to in paragraph 2.»

10. Paragraph 1 of article 57 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: «1. when the judgment that declares the inadmissibility of dismissal issued more than sixty days from the date on which the action was filed, the employer claim State payment of economic perception referred to in paragraph 2» Article 56 of this law, at the time that exceed those sixty days."

Eleven. Paragraph 4 of article 209 of the revised text of the Act General of Social Security, approved by Royal Legislative Decree 1/1994 of 20 June, which approves the, is drafted in the following way: "4. in the event of dismissal or termination of the employment relationship, the decision of the entrepreneur to extinguish such a relationship means, by itself and without challenge» , as a cause of legal unemployment situation. The exercise of the action against the dismissal or termination will not prevent causing the birth of the right to the benefit.»

12. The letter to) of paragraph 5 of article 209 of the revised text of the General Law of Social Security, approved by Royal Legislative Decree 1/1994, of 20 June, is worded in the following way: «to) when, as a result of the claim or recourse, the dismissal is considered inadmissible and opt for compensation:»


The worker will continue receiving unemployment benefits or, if you're not receiving them, will begin to perceive them with effect from the date of the termination effective at work, provided that compliance with the provisions of paragraph 1 of this article, taking as a starting date for such compliance with the Act of conciliation or Providence of option for compensation, or , where appropriate, the judicial resolution.

The worker shall request recognition of benefits in the period provided for in paragraph 1 of this article, taking as starting date for such enforcement of the Act of conciliation or Providence of option for compensation, or, where appropriate, the judicial resolution.»

13. Paragraph 14 of article 8 of the revised text of the law on offences and sanctions in the Social order, approved by Royal Legislative Decree 5/2000 of 4 August, is drawn up in the following way: «14. The breach by the employer of the obligation established in paragraph 10 of article 51 of the Statute of workers or social accompanying measures undertaken by the employer in the framework of collective dismissal procedures.»

Article 19. Wage guarantee fund.

Paragraph 8 of article 33 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: «8. indefinite contracts concluded by companies of less than twenty-five workers when the contract is extinguished by the causes provided for in articles 51 and 52 of this law or in article 64 of the law 22/2003» , from July 9, bankruptcy, a portion of the compensation that corresponds to the worker will be subject to compensation to the employer by the wage guarantee fund in an amount equivalent to eight days of salary per year of service, prorating for months less than the year time periods. It shall not apply the compensation by the wage guarantee fund in the extinctions that have been declared as irrelevant, both in administrative or judicial conciliation and judgment.

The calculation of the amount of this payment will be made on compensation adjusted to the limits provided for in paragraph 2 of this article».

Chapter V amendments of the law 36/2011, on 10 October, regulating the social jurisdiction article 20. Jurisdiction and competence.

One. The letter n) of article 2 of law 36/2011, on 10 October, regulation of the Social jurisdiction, is worded follows: «n) in challenging administrative decisions of the labour authority subject to administrative law in the exercise of its powers and functions in labour and Trade Union matters that relapses in the exercise of powers to impose penalties in labor and Trade Union matters and with regard to other challenges from other acts of the public administration» end to the administrative procedure, provided that in this case his knowledge is not attributed to another court order.»

Two. The letter to) of paragraph 2 of article 6 of the law 36-2011, of 10 October, regulation of the Social jurisdiction, is written follows: «to) the organs of the General Administration of the State and public organizations linked or dependent on it whenever its organic level is lower than the Minister or Secretary of State."

Three. Article 7 of law 36/2011, on 10 October, regulatory of the Social jurisdiction, is drawn up in the following way: «(Las Salas de lo Social de los Tribunales Superiores de Justicia conocerán: a) in single instance, processes on the issues referred to in the letters f) (, g)(, h) (, j)(, k) and l) article 2 when they extend their effects to a territory exceeding of the constituency of a Labour Court and» no top of the autonomous region, as well as all those who expressly attributed to the laws.

You will also meet in single instance of collective dismissal processes challenged by representatives of workers in accordance with the provisions in paragraphs 1 to 10 of article 124 of the Act, when they extend their effects to a territorial area no greater than the of the autonomous region.

((b) also in single instance, the processes of impugnation of public administrations acts attributed to the social court order on n letters) and s) in article 2, when they have been dictated by the Council of Government of the autonomous community or by bodies of the General State administration with the level of Minister or Secretary of State provided that, in the latter case, the Act has confirmed, in resource path or in supervision or guardianship procedure, which have been taught by bodies or different entities with jurisdiction throughout the national territory.

(c) of the resources of supplication established in this law against judgments by the courts of the Social in his constituency.

(d) of resources of supplication against the cars of commercial judges provided in articles 64.8 and 197.8 of law 22/2003, of July 9, bankruptcy.

(e) of the competition issues arising between the courts of the Social in their constituency.»

Four. The paragraph 1 of article 8 of law 36/2011, on 10 October, regulatory of the Social jurisdiction, is drawn up follows: «(1. Las Sala de lo Social de la Audiencia Nacional conocerá en única instancia, de los procesos sobre las cuestiones a que se refieren las letras f) (, g)(, h) (,)(, k) j and l) article 2 when they extend its effects to an exceeding of an autonomous territory or trying to challenge of» Awards, of have corresponded, in his case, to this room the knowledge of the issue submitted to arbitration.

Also you will meet in a single instance of the processes of collective dismissal challenged by representatives of workers in accordance with the provisions in paragraphs 1 to 10 of article 124 of the Act, when they extend its effects to an exceeding of an autonomous territory.»

Article 21. Of those acts procedural.

Paragraph 4 of article 43 of law 36/2011, on 10 October, regulation of the Social jurisdiction, is drawn up in the following way: «4. the days of the month of August will be disabled, except in procedural modalities of dismissal, termination of the employment contract of articles 50, 51 and 52 of the text revised for the law of the Statute of workers» , geographical mobility, substantial modification of the conditions of work, suspension of the contract and reduction of day due to economic, technical, organizational or production or arising from force majeure, rights of work life balance personal, family and work of article 139, challenge of high medical, vacation, electoral matters, collective disputes, contesting collective agreements and protection of fundamental rights and liberties both in the declarative process pending appeal or execution. "

Article 22. Avoidance of the process one. The (1) of article 64 of law 36/2011, on 10 October, regulator of the Social jurisdiction, is drawn up in the following way: «1. except for the attempt at conciliation requirement or, where appropriate, mediation processes requiring prior administrative claim or other form of depletion of the same, in his case» those concerning Social Security, those relating to challenges to the collective dismissal by representatives of workers, enjoy vacation and electoral matters, geographical mobility, substantial modification of the conditions of work, suspension of the contract and reduction day due to economic, technical, organizational or production or arising from force majeure, reconciliation of personal life rights work and family to which refers article 139, initiates ex officio, the challenges to collective agreements, the impugnation of the statutes of trade unions or of modification, the protection of fundamental rights and public freedoms, processes of annulment of arbitration awards, the contesting of agreements of conciliations, mediations and transactions as well as those that exercise industrial action of protection against gender-based violence."

Two. The (1) of article 70 of law 36/2011, on 10 October, regulation of the Social jurisdiction, is drawn up in the following way: «1. excepted from the requirement of prior claim the proceedings relating to challenges to the collective dismissal by workers representatives, enjoy holiday, electoral matters, geographical mobility, substantial working conditions change» , suspension of the contract and reduction in working hours by economic, technical, organizational or production or arising from force majeure, rights of personal, family and work-life balance referred to in article 139, the procedures of trade, collective disputes, challenges to collective agreements, challenges to statutes of trade unions or their modification, supervision of fundamental rights and liberties being in the latter optional, and claims against the wage guarantee fund, under cover of the stipulated in article 33 of the text revised for the law of the Statute of workers."

Article 23. Procedural modalities


One. Paragraph 1 of article 110 of the law 36/2011, on 10 October, regulating the social jurisdiction, is drawn up in the following way: «1. If the dismissal is declared inadmissible, be condemned to the entrepreneur to the reinstatement of the worker in the same conditions that governed before the dismissal, as well as the payment of salaries of processing referred to in paragraph 2 of article 56 of the consolidated text of the law of the Statute» (workers or, at the choice of the former, to pay him damages, whose amount shall be fixed in accordance with paragraph 1 of article 56 of this law, with the following particularities: to) in the Act of judgment, the owner part of the choice between reinstatement or compensation can anticipate your choice, for the case of a declaration of inadmissibility , by express manifestation in this regard, which will decide the judge in the judgment, without prejudice to the provisions of articles 111 and 112.

(b) at the request of the applicant, if it constare not be realizable readmission, may agree, in the event of unfair dismissal, having as made option for compensation in the judgement, declaring the relationship extinct in its own judgment and condemn the employer to pay severance pay, calculated up to the date of the judgment.

(c) in the unfair dismissal of workers whose employment relationship is of a special nature, the amount of compensation shall be established, where appropriate, by the standard governing this special relationship.'

Two. The letter b) of paragraph 1 of article 111 of law 36/2011, on 10 October, regulating the social jurisdiction, is drawn up follows: «b) when the option of the employer would have been by the compensation, both in the course of the appeal, regardless lodged by it as by the worker, shall not readmission while penda resource , although during the processing of the resource worker shall be deemed legally unemployment involuntary pursuant to paragraph 3 of article 208 of the revised text of the Act General of the safety Social, approved by Royal Legislative Decree 1/1994 of 20 June.

If the sentence that addresses the resource that the worker had lodged elevate the amount of compensation, entrepreneur, within five days of their notification, you can change the direction of your choice and, in such event, the readmission rolled back its economic effects to date in that first election, deducing it took place the amounts as such a concept which should be paid , in his case, had perceived the concept of providing worker unemployment. The aforementioned amount, as well as the corresponding to the business contribution to Social Security for the worker, shall be entered by the entrepreneur in the entity manager.

«For the purposes of the recognition of a future right to the protection by unemployment, the period to which is concerns the paragraph above is considered of occupation quoted.»

3. The rubric of chapter IV of title II of book second of the law 36/2011, from 10 October, regulating the Social jurisdiction, is drawn up in the following way: «Chapter IV of the contract termination due to objective, collective redundancies and other causes of extinction.»

Four. The heading of section 2 of chapter IV of title II of book second of the law 36/2011, from 10 October, regulating the Social jurisdiction, is drawn up in the following way: «Section 2 lay-offs due to economic, organizational, technical or production or arising from force majeure.»

5. Article 124 of law 36/2011, on 10 October, regulation of the Social jurisdiction, is drawn up in the following way: «article 124. Collective dismissals for reasons economic, organizational, technical or production or arising from force majeure.

1. the business decision can challenge by legal or trade union representatives of workers through the process laid down in the following paragraphs.

2 the demand may be based on the following reasons: to) that not there is legal cause indicated in written communication.

(b) that has not been respected as provided for in articles 51.2 or 51.7 of statute of workers.

(c) that the extinctive decision has been adopted with fraud, fraud, coercion or abuse of right.

In no case may be this process the claims concerning the non-application of the rules of priority of tenure provided for legally or conventionally or laid down in the agreement adopted in the consultation period. Such claims will be raised through the individual procedure referred to in paragraph 11 of this article.

3. in the event that consultation period regulated in article 51 of the Statute of workers had ended with agreement, you should also sue signers of the same.

4. for filing the lawsuit it is not necessary to exhaust any forms of avoidance of the process referred to in title V of book I of this law.

5. the demand be submitted within the period of expiration of 20 days from notification to representatives of workers of collective dismissal decision adopted by the employer at the end of the period of consultation of article 51 of the Statute of workers.

6. this process will be a matter of urgency. The preference in the office in these matters will be absolute on any other, except for the protection of the fundamental rights and liberties. Not be resource, except for the initial declaration of incompetence against decisions of processing that are handed down.

7. admitted to processing demand, the clerk will forward the claim to the respondent employer and required for that at present, preferably in computer support within five days, documents and the records of the period of consultation and communication to the labour authority of the result of the same.

In that same requirement, the court clerk will order to the employer that, within the period of five days, notified workers that could be affected by collective dismissal the existence of the process raised by the representatives of the workers, so that within fifteen days of the Court let a domicile for the purposes of notification of the judgment.

In case of unjustified refusal of the employer to forward these documents or inform workers that could be affected, judicial Secretary reiterate the urgent via their immediate remission in within three days, with a warning that the measures be imposed not fulfilled in time this second requirement refers to which paragraph 5 of article 75 , and can be for certain to the effects of the subsequent trial facts which aims to accredit applicant the part.

To support the demand, the clerk agreed to obtain copy of the administrative record concerning the collective dismissal of the labour authorities.

8 after the period of ten working days from the expiry of the deadline for filing the lawsuit, the court clerk will be mentioned to the parties to the Act of judgment, which should take place in unique call within 15 days. The summons will remember ex officio prior transfer between the parties or the anticipated contribution, preferably computer support, five days prior to the Act of judgment, of documentary or expert proof which is suitable for their volume or complexity, enabling your test prior to the time of practice the test.

9. the judgment will dictate within five days following the conclusion of the trial and may be appealed in cassation ordinary.

Extinctive decision will be declared right-adjusted when the businessman, having complied with provisions of article 51.2 or 51.7 of statute of workers, accredits the concurrence of the given legal cause.

The sentence declared null the extinctive decision when not has respected envisaged in articles 51.2 or 51.7 of statute of workers, or obtained the legal authorization of the judge of the competition in the cases in which it is legally provided, as well as when the business measure was effected in violation of fundamental rights and liberties or fraud fraud, coercion or abuse of right.

The ruling be declared not adjusted right, decision extinctive when the entrepreneur has not credited the concurrence of legal cause indicated on extinctive communication.

10. firm once the sentence, will be notified to whom they had been part and workers that could be affected by collective dismissal that had made known to the Court a domicile for purposes of notifications for the purposes specified in point (b)) of paragraph 11 of this article.

The judgment shall be notified to their knowledge to the labour authority, the entity management of unemployment benefits and of the Social Security Administration when they had not been part of the process.

11 when the object of the process is individual challenges to the extinction of the employment contract before the Labour Court, it shall be as provided in articles 120 to 123 of this law, with the following specialties:


(a) when the subject of the debate be about preferences attributed to certain workers, these also should be sued. Also must be sued the representatives of workers when measure can count on the conformity of those.

(b) if started once the individual process raised demand by the representatives of the workers against the business decision pursuant to the preceding paragraphs, that process will be discontinued until the resolution of the demand made by the representatives of the workers, that firm once will have efficacy of judicata on the individual process under the terms of paragraph 3 of article 160.

(c) the dismissal will be void, besides for the reasons listed in article 122.2 from this law, when it fails to comply with provisions of article 51.2 or 51.7 of statute of workers, or had not obtained the legal authorization of the judge of the competition, in cases that is legally provided for.

The termination of the contract agreed by the employer without respecting the priorities of permanence that may be laid down in the laws, the collective agreements in the agreement reached during the consultation period will also be null. This invalidity will not affect the extinctions that have respected the priorities of permanence within the same redundancy.»

6. The heading of section 4 of chapter V of title II of book second of the Act regulating the jurisdiction Social is worded in the following way: «Section 4 geographical mobility, changes resulting from force majeure or substantial working conditions, suspension of the contract and reduction in working hours due to economic, technical, organizational or production.»

7. Article 138 of law 36/2011, on 10 October, regulation of the Social jurisdiction, is drawn up in the following way: «1. the process initiated by demand for workers affected by the business decision, but it has not followed the procedure of articles 40, 41 and 47 of the Statute of workers.» The demand must be presented in the term of expiration of the twenty working days following the notification in writing of the decision to the workers or their representatives, in accordance with paragraph 4 of article 59 of the Statute of workers, term which will not begin to compute until such notice, without prejudice to the limitation period in any case to take place of actions derived from the course of the period provided for in paragraph 2 Article 59 of the Statute of workers.

2. when the subject of the debate be about preferences attributed to certain workers, these also should be sued. The representatives of workers must also be demanded when, in the case of transfers, changes, suspensions or reductions of collective character, as have the conformity of those.

3. the Court may request urgent report by the Inspectorate of labour and Social Security, by sending you back demand and documents accompanying it. The report will focus on the facts invoked as evidence of the business decision in relation to the agreed modification and other attendant circumstances.

4. If a time started the process is raised demand of conflict collective against the decision business, that process is suspended until the resolution of the demand of conflict collective, that a time firm will have efficiency of thing judged about the process individual in them terms of the paragraph 3 of the article 160.

However, the agreement between the employer and the legal representatives of the workers which could fall once started the process will not disrupt the continuation of the procedure.

5. the procedure is urgent and you will be given preferential processing. The Act of sight shall point out within five days of the admission of the demand, have not received the report referred to in paragraph 3 of this article.

6. the ruling must be issued within five days and will be immediately Executive. Against the same shall not further appeal, except in the case of mobility geographic referred to in paragraph 2 of article 40 of the Statute of workers, in the of substantial changes in working conditions when they have collective in accordance with paragraph 4 of article 41 of the Statute concerned, and the suspensions and reductions of day provided for in article 47 of the Statute of workers that can affect a number of workers or more the thresholds referred to in paragraph 1 of article 51 of the Statute of workers.

7. the judgment be declared justified or unjustified the business decision, as they have been accredited or not, with respect to the workers concerned, the reasons invoked by the company.

The judgment declaring justified the business decision recognize the right of the worker to extinguish the employment contract in the cases referred to in paragraph 1 of article 40 and paragraph 3 of article 41 of the Statute of workers, giving effect within fifteen days.

The judgment declaring the measure unjustified will recognize the right of the worker to be replaced in his previous conditions of work, as well as payment of damages that the business decision would have caused during the time that has produced effects.

Shall be declared null and void the decision of fraud law, circumventing the rules on consultation period laid down in the articles 40.2, 41.4 and 47 of the Statute of workers, as well as when any of the causes of discrimination provided for in the Constitution and the law and mobile use, or occurs with violation of fundamental rights and liberties of the worker including, where appropriate, other cases that involve the Declaration of invalidity of the dismissal on paragraph 2 of article 108.

8 when the businessman not appropriate to reinstate the worker in his previous conditions of work or do so erratically, worker may request the execution of the judgment before the Court of the Social and the termination of the contract by reason of the provisions of point (c)) of paragraph 1 of article 50 of the Statute of workers , in accordance with the provisions of articles 279, 280 and 281.

9. If the judgment declared the nullity of the business measure, its execution will be on their own terms, unless worker call the execution referred to in the preceding paragraph. In any case shall apply the terms stated therein.'

8. Delete paragraph 11 of article 151 of law 36/2011, on 10 October, regulating the Social jurisdiction.

9. The (1) of article 153 of law 36/2011, on 10 October, regulator of the Social jurisdiction, is drawn up in the following way: «1. the demands which affect the general interests of a generic group of workers or a generic collective capable of individual determination and that concerning the application and interpretation of a State standard will be processed through the present process» , collective agreement, anyone who is its effectiveness, covenants or agreements of company, or a business decision of collective character, including those regulating the paragraph 2 of article 40, paragraph 2 of article 41, and suspensions and reductions provided for in article 47 of the Statute of workers that can affect a number of workers equal to or greater than the thresholds laid down in paragraph 1 of article 51 of the Statute of workers day , or a practice of enterprise and professional interest of economically dependent self-employed workers agreements, as well as direct challenges to the agreements or collective agreements not covered by article 163 of this law.

Business decisions of collective dismissals shall be handled in accordance with the provisions of article 124 of this Act.»

10. Article 184 the Act 36/2011, of 10 October, regulation of the Social jurisdiction, is drawn up in the following way: «article 184. Demands of necessary exercise through the corresponding procedural modality.

However as provided in the preceding articles, and without prejudice to the provisions of paragraph 2 of article 178, demands for dismissal and other causes of termination of the contract of work, the working conditions substantial modifications, the suspension of the contract and reduction in working hours due to economic, technical, organizational or production or arising from force majeure of enjoyment of holidays, the electoral matters, of challenges to statutes of trade unions or their modification, the geographical mobility, of rights of personal, family and working life referred to in article 139, the challenges to collective agreements and the penalties imposed by employers workers that is relied upon injury to fundamental rights and liberties will be processed inexcusably pursuant to the procedural mode corresponding to each one of them, giving preferential character to these processes and accumulating in them, pursuant to paragraph 2 of article 26, the claims of protection of fundamental rights and liberties with those of the respective procedural mode.»

Article 24. Media challenge.


One. The letter e) of paragraph 2 of article 191 of the law 36-2011, of 10 October, regulation of the Social jurisdiction, is written follows: «e) geographical mobility processes other than those referred to in paragraph 2 of article 40 of the Statute of workers; in the of substantial changes in working conditions, except where have collective nature in accordance with paragraph 2 of article 41 of the Statute concerned; and in the exchange of job or functional mobility, except when it was possible to accumulate these further action susceptible of resource of supplication; and in suspensions and reductions of day provided for in article 47 of the Statute of workers that can affect a number of workers below the thresholds provided for in paragraph 1 of article 51 of the Statute of workers."

Two. Letter to) of paragraph 3 of article 191 of law 36/2011, on 10 October, regulation of the Social jurisdiction, is written follows: «a) processes by dismissal or termination of the contract, except in process by collective dismissal contested by the representatives of the workers.»

3. The paragraph 1 of article 206 of law 36/2011, on 10 October, regulation of the Social jurisdiction, is worded in the following way: and (s) of article 2 which are susceptible to» «of assessment economic when the claims litigation does not exceed of cent fifty thousand euros.»

Article 25. Of the execution of judgments.

The letter b) of paragraph 2 of article 281 of law 36/2011, on 10 October, regulation of the Social jurisdiction, is written follows: «b) agree is paid to the worker economic perceptions provided for in paragraphs 1 and 2 of article 56 of the Statute of workers.» In attention to attendant circumstances and the damages caused by the non-readmission or irregular readmission, may lay down additional compensation of up to fifteen days of salary per year of service and a maximum of twelve months. In both cases, the periods less than one year shall be assessed and be counted as service time elapsing until the date of the car.'

First additional provision. Financing, implementation and control of subsidies and reductions of social contributions.

1 fees provided for in this Royal Decree-Law, bonuses are financed from the corresponding budget item of the public State employment service. The reductions in quotas provided for engagements and transformations of the contracts for training and learning in this Royal Decree-law is financed from the corresponding budget item of the General Treasury of the Social Security.

2. subsidies and reductions of Social insurance contributions shall apply for employers with automatic character in the corresponding contribution documents, without prejudice to its control and review by the Inspectorate of labour and Social Security, by the General Treasury of the Social Security and the public State employment service.

3. the General Treasury of the Social Security monthly provided to public service employment, the number of workers subject to Social security contributions bonuses, disaggregated by each of the bonus, with their respective bases of contributions and deductions that may apply in accordance with incentive programs to employment and which are financed by the public State employment service.

4. with the same frequency, the direction General of the public employment service state, will facilitate the General Labour and Social Security Inspectorate address the necessary information about the number of contracts reported bonuses of assessments, detailed object by collectives, as well as how much information regarding contributions and deductions applied to them is accurate, at the effect of assist steering Centre planning and programming of Inspector performance allowing you to monitor the proper application of allowances provided for in the corresponding employment incentive programs, by the beneficiary subjects of the same.

Second additional provision. Application for dismissal due to economic, technical, organizational or production in the Public Sector.

Twenty additional provision is added to the text revised the Statute of workers approved by Royal Legislative Decree 1/1995 of 24 March, with the following content: «the dismissal due to economic, technical, organizational or production of the workforce at the service of the bodies, agencies and entities that form part of the public sector in accordance with article 3(1) of the revised text of the law of contracts in the Public Sector (, approved by Royal Legislative Decree 3/2011, of 14 November, shall be carried out in accordance with articles 51 and 52.c) of the workers ' Statute and its implementing rules, and in the framework of preventive and corrective mechanisms regulated in the rules of budgetary stability and financial sustainability of the public administrations.

The causes of these dismissals in the public authorities referred to in article 3(1) of the revised text of the law of contracts in the Public Sector, purposes that economic causes are when a situation of budgetary failure sudden and persistent for the financing of public services in the same. In any case, means that the budget failure is persistent if it occurs for three consecutive quarters. Means that technical errors concur when changes, among others in the field of the means or instruments for the provision of the public service concerned and organizational causes, when change, among others, in the field of systems and methods of work of the staff assigned to the public service."

Third additional provision. Application of article 47 of the Statute of workers in the Public Sector.

A twenty first additional provision is added to the text revised the Statute of workers approved by Royal Legislative Decree 1/1995, of 24 March with the following content: «as provided for in article 47 of this law shall not apply to public authorities and public-law entities linked or dependent on one or more of them and of other public bodies except those that are funded mainly with proceeds as a counterpart of operations carried out in the market.»

Fourth additional provision. Control of temporary incapacity and mutual of work accidents and occupational diseases.

The Government, after consultation with the social partners, shall examine within a period of six months the modification of the legal regime of the mutual of accidents of work and occupational diseases for a more effective management of temporary incapacity.

Fifth additional provision. National Advisory Committee on collective agreements.

1. the National Advisory Committee of collective agreements, as well as developing the functions set out in this Royal Decree, will continue their activities, pursuant to the transitional provision of the Royal Decree-Law 7/2011 June 10-second, on urgent measures for the reform of collective bargaining.

2. the Government shall adopt within the period of one month from the entry into force of this Royal Decree, a Royal Decree that regulates the National Advisory Committee on collective agreements, develop its functions, establish its operating procedures and support measures for the development of the functions of the General direction of employment of the Ministry of employment and Social Security.

Sixth additional provision. Measures of support to the National Advisory Committee on collective agreements.

For the development of the functions set out in this Royal Decree-Law, the National Advisory Committee of collective agreements, attached to the General direction of employment of the Ministry of employment and Social Security, will be reinforced in performances by the above-mentioned Directorate-General of employment, notwithstanding what is established in regulatory development rules, after consultation with the most representative trade unions and business organizations.

Seventh additional provision. Rules applicable in credit institutions.

One. Compensation for termination of the contract.

1 the entities majority owned or financially supported by the Fund for orderly bank restructuring, may not meet in any case compensation for termination of contract exceeding the lesser of the following amounts: to) twice bases resulting maximum, respectively, of the 3rd and 4th of article 5.3 rules. to) Royal Decree-Law 2/2012, 3 February , of cleaning up of the financial sector; or (b) two years from the stipulated fixed remuneration.


2 is excepted from the above rule the case of administrators and managers who had joined the entity or its group after or simultaneously taking participation or financial support from the Fund for orderly bank restructuring, in which case the Bank of Spain, in view of the conditions contractually stipulated and sanitation plan results (, it may authorize amounts greater than those resulting from applying rules resulting bases 3rd and 4th of article 5.3. a) of the Royal Decree-Law 2/2012, 3 February, but always with a limit of two years from the originally stipulated fixed remuneration.

Two. Termination of the contract of persons engaged in positions of management or direction in a credit institution by reason of the imposition of sanctions.

1. the imposition of sanctions referred to in article 12(1) of law 26/1988, of July 29, on discipline and intervention of the credit entities, persons carrying charges of administration or address in an entity's credit under a contract of employment, including labour special senior management staff , shall be deemed, for the purposes of labour legislation, such as contractual breach serious and culpable, and therefore, cause of disciplinary dismissal, and may give rise to the termination of the contract by the employer.

2. in addition, the imposition of such sanctions be considered just cause of extinction or resolution of those contracts that have a distinct nature of the work.

3. in the event of termination of the contract in accordance with the provisions of the preceding paragraphs, persons exercising positions of management or direction in a credit institution not entitled to any compensation by this extinction, any that is its amount or its form, and regardless of the legal standard, contract, agreement or individual employment agreement or collective origin and contract agreement or Pact of civil or commercial nature, where it is provided for the payment of compensation.

3. Suspension of the contract of people that exercise charges of administration or address in an entity's credit.

1 the contract of employment or of any other nature of the persons engaged in positions of management or direction in a credit institution may be suspended for the following reasons: to) when, in accordance with article 24 of the Law 26/1988, of July 29, on discipline and intervention of the credit entities, provided the provisional suspension of the people who , boasting charges of administration or address on the credit institution, appear as alleged perpetrators of very serious offences.

((b) when, in the cases referred to in paragraphs c) and (d)) of article 7.1 of Royal Decree-Law 9/2009, of 26 June, on bank restructuring and reinforcement of the resources of credit institutions, the Bank of Spain agreed provisional replacement of organs of administration or address entity credit.

2. the suspension of the contract referred to in the preceding paragraph shall have the same duration as the interim suspension or interim replacement agreed and will involve the reciprocal exemption from the obligations of work or provide services and pay for the work or for the provision of those.

The eighth additional provision. Specialties in commercial contracts and top management of the State public sector.

One. Scope of application.

This provision applies to the State public sector formed by the entities referred to in article 2.1 of the Law 47/2003, of 26 November, General budget, with the exception, only, of the managing bodies, common services and the mutual of accidents and illnesses of the Social Security, as well as their centers and entities joint that referred to in point (d)) of the same article.

Two. Compensation for extinction.

1. the endangered by withdrawal of the businessman, the commercial contracts and high address, either that is the date of its celebration, the personnel who provide services in the public sector, only will lead to compensation not exceeding seven days per year of service of the annual remuneration in cash, with a maximum of six months.

2. the calculation of the compensation will be made taking into account the annual remuneration in cash that is was perceived as fixed pay full and total, excluding incentives or supplements variables if any at the time of the extinction.

3 will be entitled to compensation when the person, whose contract is extinguished mercantile or senior management, by withdrawal of the entrepreneur, is also the of official race of the State, the autonomous communities and local entities, or employee of which is a member of the State, regional or local public sector job reservation.

4. the withdrawal must be communicated in writing, with a maximum period of fifteen calendar days in advance. Breach of the notice mentioned, the entity will have to compensate with an amount equal to the remuneration corresponding to the period of notice unfulfilled.

3. Remuneration.

1 remuneration to secure commercial contracts or senior management of the public sector are classified, exclusively, in basic and complementary.

2. Basic earnings are based on the characteristics of the entity and include the mandatory minimum fee assigned to each Chief Officer, officer or staff recruited on the basis of the Group of classification which the entity by who exert control or financial supervision of this or, in your case, is scheduled by the shareholder.

3 complementary fees, include a complement of post and a variable complement. The complement of post obtained the specific characteristics of functions or positions and variable complement obtained a previously established objectives. These plug-ins will be assigned by who exert control or financial supervision of the entity or, where appropriate, by the shareholder.

4. the provisions of the preceding three paragraphs shall apply to state companies. For the rest of the entities subject to the scope of this provision, it will be development that approve the Government, in accordance with the provisions of paragraph 6.

Four. Control of legality.

1. the contracts referred to in the present disposition which have been agreed shall be subject, before formalized, to the report prior to the law of the State or organ providing the legal advice of the body which exercises control or supervision financial public sector entity, or, where appropriate, the shareholder intending to hire the head or Director.

2 will be void void the provisions of commercial contracts or high address referred to in this provision which is contrary to the established in the same.

3. the bodies exercising control or financial supervision of these entities, shall take precise measures to ensure compliance with the provisions of this arrangement in the celebration and formalization of the above contracts, without prejudice to the possible responsibilities civil, administrative, accounting or otherwise that may incur in the event of failure to comply with this provision.

5. Entry into force.

This provision shall apply to commercial contracts or high celebrated address prior to its entry into force, whose content must be adapted to the terms set forth in this additional provision within the period of two months from its entry into force.

Compensation for termination of the contract, which was the date of your celebration will be governed by this provision once it enters into force.

6. Enabling legislation.

The Government, on the proposal of the Minister of finance and public administration, depending on the economic situation and economic policy measures, may modify the amounts and limits of compensation set out in this provision, as well as develop your third paragraph. The Minister of finance and public administration shall compensation system by the cost of diets, displacement and other analogues derived from the performance of the functions of the most responsible, directors or staff with commercial contracts or senior management.

Ninth additional provision. Adaptation of collective agreements to the new system of professional classification.

In within a year the collective agreements in force must adapt its professional classification system to the new legal framework provided for in article 22 of the Statute of workers, in the wording given by this Royal Decree-Law first transitory provision. Transitional regime of acting as employment agencies temporary work companies.


1. companies of temporary work which on the date of entry into force of this rule had been already unauthorized administratively for the development of its activity with definitive character may act as employment agencies whenever they present before the competent public employment service a statement responsible for that meet the requirements laid down in Act No. 56/2003 16 December, employment, and its implementing regulations.

2. companies referred to in this provision shall set forth its authorization as a temporary employment company number in their advertising and on their service offerings for recruitment and selection of workers, placement, orientation and vocational training and relocation, while is not provided as a placement agency authorization number.

3. in matters not provided for in this provision, provisions in law 56/2003 of 16 December on employment, and its implementing regulations shall apply.

4 the Minister of employment and Social Security is authorized to approve the provisions which may, where appropriate, be necessary for the application of this provision.

Second transitional provision. Bonuses in contracts.

Subsidies and reductions in business contributions of Social security which come enjoying for contracts entered into prior to the date of entry into force of this Royal Decree shall be governed by legislation at the time of its conclusion or, where appropriate, at the time of start entitlement to the rebate or reduction.

Third transitional provision. Rules relating to the replacement of unemployment benefits.

Workers whose contract of employment had terminated prior to the date of entry into force of this Royal Decree-Law, in the cases set out in article 16, and which had previously been affected by records of temporary regulation of suspension of contract or reduction in working hours in cases referred to in that provision, shall be entitled, in its case the replacement of unemployment benefits, under the terms and within the limits established in the regulations in force at the time occurred the dismissal or administrative or judicial resolution which authorized the termination of the contract.

Fourth transitional provision. Entry into force of the agreements reported on the date of entry into force of this Royal Decree.

Collective agreements that were already reported on the date of entry into force of the present Royal Decree-Law, the period of two years referred to in paragraph 3 of article 86 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995, of 24 March, in the wording given to it by this Royal Decree-Law will begin to compute from its entry into force.

Fifth transitional provision. Compensation for unfair dismissal.

1. the severance pay provided for in paragraph 1 of article 56 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, in the wording given by the present Royal Decree, shall apply to contracts concluded after the entry into force of the same.

2. compensation for wrongful dismissal of contracts concluded prior to the entry into force of the present Royal Decree-Law shall be calculated at the rate of 45 days of salary per year of service by the time of provision of services prior to the date of entry into force and at the rate of 33 days pay per year of service by the time of provision of services later. The resulting compensation amount may not exceed 720 days of salary, unless the calculation of compensation for the period prior to the entry into force of this Royal Decree-law is a higher number of days, in which case will apply this as amount compensation maximum, without that said amount may be greater than 42 monthly payments, in any case.

3. in the case of promotion of indefinite hiring contract workers, it will be the sixth transitional provision of this Royal Decree-law provisions.

Sixth transitional provision. Contracts of promotion of the recruitment indefinite celebrated before the entry in force of this Royal Decree-law.

Contracts for encouraging indefinite hiring entered into prior to the date of entry into force of this Royal Decree-Law will continue to be governed by the legislation under which they were concluded.

However the foregoing, in the event of disciplinary dismissal, compensation for dismissal shall be calculated pursuant to paragraph 2 of the fifth transitional provision of this Royal Decree-law.

Seventh transitional provision. Training activities and their funding contracts for training and learning.

1. in the contracts for training and learning from the 31 of August 2011 pending the entry into force of this Royal Decree-Law, in cases there is title of vocational training or certificate of effective work-related to be professionalism, and available for teaching training centers, training activity inherent in these contracts will begin upon request by the company, once was authorized by the public employment services of the autonomous communities. This authorization will be communicated to the public State employment service for the purpose of monitoring the application of the corresponding bonuses.

2. in the cases in that there is no title of vocational training or certificate of effective work-related to be professionalism, available for teaching training centers, training activity inherent in these contracts will be constituted by the content guideline minimum established in the training specialities file, available for viewing at the website of the public State employment service , www.sepe.es, occupations or specialties relating to work activity as referred to in the contract; failing that, it will be made up of formative contents determined by the companies or communicated by them to the public State employment service, for the purposes of validation within the framework of the national system of employment.

3. in the cases referred to in the preceding paragraph, the duration of the training activity suit the characteristics of work to play, respecting, in any case, the number of hours established by the public State employment service to training specialties appropriate to such work.

4. in the cases referred to in paragraph 2, the inherent in the contract formation must be carried out by the company directly or through authorized the public State employment service centers.

5. the qualification or acquired professional competence through the contract for training and learning, in the cases referred to in paragraph 2, subject to accreditation in the terms referred to in article 11.2 of the Royal Decree 395/2007, of 23 March, which regulates the subsystem of vocational training for employment.

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 can finance the cost of training inherent in contracts for training and learning through bonuses in corporate contributions to Social Security, charged to the certificate provided for in the budget of the public State employment service for the financing of the reductions in Social security contributions benefiting from measures of promoting employment by hiring.

For these purposes, articles 9, 10 and 11 of the order of the Ministry of labour and Social Affairs, of 4 July 1998, which regulates training aspects of the contract for the formation, and its implementing regulations shall apply.

Eighth transitory provision. Training activity and its funding in training and learning contracts concluded after the entry into force of this Royal Decree.

1. in training and learning contracts since the entry into force of this Royal Decree-Law, in cases there is title of vocational training or certificate of effective work-related to be professionalism, and available for teaching training centers, training activity inherent in these contracts will begin, upon request by the company once was authorized by the public employment services of the autonomous communities or the public service of State employment in the field of their respective competencies. The public employment services of the autonomous communities shall communicate this authorization to the public State employment service for the purpose of monitoring the application of the corresponding bonuses.


2. in contracts for training and learning which have been agreed in the twelve months following the entry into force of this Royal Decree-Law, in cases that there is no title of vocational training or certificate of effective work-related to be professionalism, available for teaching training centers, training activity inherent in these contracts will be formed by the approximate minimum contents established in the file of educational specialties accessible for consultation on the website of the public service of State employment, www.sepe.es, occupations or specialties relating to work as referred to in the contract; failing that, it will be made up of formative contents determined by the companies or communicated by them to the public State employment service, for the purposes of validation within the framework of the national system of employment.

3. in the cases referred to in the preceding paragraph, the duration of the training activity suit the characteristics of work to play, respecting, in any case, the number of hours established by the public State employment service to training specialties appropriate to such work.

4. in the cases referred to in paragraph 2, the inherent in the contract formation must be carried out by the company directly or through authorized the public State employment service centers.

5. the qualification or acquired professional competence through the contract for training and learning, in the cases referred to in paragraph 2, subject to accreditation in the terms referred to in article 11.2 of the Royal Decree 395/2007, of 23 March, which regulates the subsystem of vocational training for employment.

6. until the entry into force of the regulatory development of the provisions of this Royal Decree-Law for contracts for training and learning, in the cases referred to in this transitional provision, companies can finance the cost of training inherent in these contracts through reductions in quotas corporate welfare, charged to the certificate provided for in the budget of the public service of State employment for the financing of subsidies in the Social security contributions, benefiting from measures of promoting employment by hiring.

For these purposes, articles 9, 10 and 11 of the order of the Ministry of labour and Social Affairs, of 4 July 1998, which regulates training aspects of the contract for the formation, and its implementing regulations shall apply.

Ninth transitional provision. Minimum age of workers hired for training and learning.

Hasta_que the rate of unemployment in our country will fall below 15 percent contracts for training and learning may be made with workers under 30 years of age without the application of the maximum age limit established in paragraph first of article 11.2. a) of the Statute of workers.

Tenth transitional provision. Regime applicable to records of employment regulation pending or valid in its application to the entry into force of this Royal Decree.

1 records of employment regulation for the termination or suspension of employment contracts, or for the reduction in working hours which were pending the entry into force of this Royal Decree shall be governed by the regulations in force at the time of its inception.

2 records of employment regulation for the termination or suspension of employment contracts or the reduction in working hours, resolved by the labour authority and effect in their application at the date of entry into force of this Royal Decree Law shall be governed by the laws in force when he was issued the resolution of the file.

Eleventh transitional provision. Rules on the procedural mode of article 124 of the law 36-2011, of 10 October, regulating the Social jurisdiction.

The procedural mode provided for in article 124 of law 36/2011, on 10 October, regulator of the Social jurisdiction shall apply to collective redundancies initiated subsequent to the entry into force of this Royal Decree Law twelfth transitional provision. Transitional rules on the economic contributions of the companies with benefits that make collective redundancies.

Companies affected by the additional provision of law 27/2011, from August 1, sixteenth on updating, adaptation and modernization of the Social security system, carried out collective dismissals already authorized by the labour authorities before the entry into force of the present Royal Decree-Law, should only make economic contributions to that referred to in that provision when the resolutions that authorized the extinctions affect at least 100 workers.

Sole repeal provision. Scope of the regulations repeal.

1 are expressly repealed the following provisions: to) first additional provision of Act 12/2001, of 9 July, on urgent measures to reform the labour market to increase employment and improve its quality.

(b) provision transient third of the law 35 / 2010, from 17 of September, of measures urgent for the reform of the market of work.

(c) transitional provision of law 35/2010, September 17, seventh on urgent measures for the reform of the labour market.

(d) first final provision of the Royal Decree-Law 10/2011, August 26, on urgent measures for the promotion of the employment of young people, the promotion of stability in employment and maintenance of the program of professional retraining of people who exhausted their protection for unemployment.

(e) paragraph 3 of article 105 of law 36/2011, on 10 October, regulating the social jurisdiction.

(f) article 4(2) of the law 43/2006, of 29 December, for the improvement of growth and employment.

(g) article 2 of Royal Decree-Law 10/2011, August 26, on urgent measures for the promotion of the employment of young people, the promotion of stability in employment and maintenance of the program of professional retraining of people who exhausted their protection for unemployment.

(h) the third transitional provision and repealing sole provision of the Royal Decree-Law 3/2011 February 18, on urgent measures for the improvement of employability and reform of active employment policies.

2. are they repealed many rules of equal or lower rank contradict or oppose the provisions of this law.

First final provision. Changes in reconciling work and family life.

1. paragraph 4 of article 37 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: «(4. En los supuestos de nacimiento de hijo, adopción o acogimiento de acuerdo con el artículo 45.1.d) of this law, for the nursing of the child until it reaches nine months» workers are entitled to one hour's absence from work, which may be divided into two fractions. The duration of the permit will proportionally increase in cases of multiple birth, adoption or foster care.

Who exercise this right, by his will, can replace it with a reduction of its day in half an hour with the same purpose or accumulate it in whole days in the terms provided for in collective bargaining or agreement to arrive with the employer respecting, if any, set out in that.

This permission constitutes an individual right of workers, male or female, but can only be wielded by one of the parents where both working.»

2. the first subparagraph of paragraph 5 of article 37 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: «5. anyone for reasons of legal guardian with direct care a child of eight years or a person with physical, mental or sensory disability» to not play a paid activity, shall be entitled to a reduction of daily working hours, with the proportional decrease of wages between, at least, an eighth and a maximum of half of the length of that one."

3. paragraph 6 of article 37 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: "6. the concretion time and the determination of the period of enjoyment of the permission of lactation and the reduction in working hours, provided for in paragraphs 4 and 5 of this article» It will correspond to the worker, within your ordinary day. Collective agreements may establish, however, criteria for the time realization of the reduction in working hours, in attention to the rights of conciliation of the personal, family and working life of the worker and the productive and organizational needs of the companies. The worker, except for force majeure, should notice to the employer with fifteen days in advance or which is determined in the applicable collective agreement, specifying the date you will start and terminates the permission of breastfeeding or the reduction in working hours.


Discrepancies arising between employer and worker on the concretion time and determination to enjoy periods provided for in paragraphs 4 and 5 of this article shall be resolved by the social jurisdiction through the procedure laid down in article 139 of the law 36-2011, of 10 October, regulating the social jurisdiction.»

4. paragraph 3 of article 38 of the text revised for the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, is drawn up in the following way: «3. the holiday calendar is fixed in each company.» The worker will know the dates that correspond to him two months ago, at least from the beginning of the enjoyment.

When the holiday period fixed in the company vacation calendar to which refers the previous paragraph coincides in time with a temporary disability arising out of pregnancy, childbirth or breastfeeding or the period of suspension of the employment contract intended in article 48.4 and 48.bis of this law, are entitled to enjoy holidays on a date different from the temporary incapacity or the enjoyment of to permit implementation of this precept appropriate him, at the end of the period of suspension, although he finished the calendar year to correspond.

In the event that the holiday period coincides with a temporary disability for contingencies other than those set forth in the preceding paragraph which hinders the worker to enjoy them, total or partially, during the calendar year to which correspond, the worker may do so once its inability to end and always that not after more than eighteen months from the end of the year that have been originated.»

Second final provision. Training account.

The Government will develop regulations account of training referred to in paragraph 10 of article 26 of law 56/2003, of December 16, of employment.

Third final provision. Check training.

The Government, after consultation with the social partners, will evaluate the appropriateness of creating a training check to finance the individual right to training for the workers.

Fourth final provision. Collective redundancies affecting workers over the age of 50 or more years in companies with profits.

Sixteenth additional provision of law 27/2011, August 1, about updating, adaptation and modernization of the Social security system, is worded in the following way: «sixteenth additional provision. Collective redundancies affecting workers over the age of 50 or more years in companies with profits.

1 companies carrying out collective dismissals in accordance with article 51 of the Statute of workers, including workers from 50 or more years old, must be a financial contribution to the Treasury, provided that such collective dismissals in the following circumstances: to) that are carried out by companies of more than 500 workers or companies that are part of groups of companies that employ that number of workers.

(b) that affect workers in 50 or more years old.

(c) that, even going the economic, technical, organizational or production reasons justifying them, companies or group of companies of which it forms part had benefits in the two financial periods previous to the one in which the entrepreneur begins collective dismissal procedure.

2. for the calculation of the financial contribution referred to in the preceding paragraph, shall take into consideration the amount of benefits and subsidies by unemployment of workers of 50 or more years of age affected by collective dismissal, including Social security contributions made by the public State employment service in accordance with the following paragraphs. The amounts made by the public State employment service by the concerned concepts of workers of fifty or more years whose contracts have terminated on the initiative of the company or companies within the same group, under other reasons not to the person of the employee other than those provided for in paragraph (c) will also be included for the purposes of the calculation of the financial contribution) of paragraph 1 of article 49 of the revised text of the Law of the Statute of workers approved by Royal Legislative Decree 1/1995, of 24 March, provided that such contracts extinctions have occurred in the three years preceding or following the beginning of the collective dismissal.

However, be excluded from the calculation of the financial contribution, to request from the undertaking concerned, the amounts of benefits and allowances by unemployment of 50 workers or over years of age affected that had been subject to relocation in the same company, or another company of the group he is a part, or in any other company, in the six months following the date on which the termination of their contracts of employment is produced. In these cases the company must demonstrate these extremes in the procedure.

3 the amount of the contribution shall be determined annually by the application of the type referred to in 4 on each of the following concepts: to) total amount actually paid for the public service of State employment benefits for contributory level unemployment of workers 50 years or more affected by layoffs, generated total or partially under the contributions credited to the company that promoted its dismissal.

(b) total amount effectively paid by the public State employment service by contributions to Social Security in charge of the managing body of the benefits unemployment by affected workers, during the perception of them.

(c) a fixed barrel for every worker who has exhausted the provision contributory level unemployment and start to receive subsidy for depletion of the same or of over 52 years of age. This canon shall be calculated using the aggregation for a period of six years from the sum of the annual cost of the subsidy unemployment more the quote retirement borne by the entity manager in the year of the exhaustion.

Also is will make effective the canon fixed by each worker that, not having right to the collection of the provision by unemployment contributory, go directly to the subsidy by unemployment, as consequence of the situation legal of unemployment motivated by the dismissal.

4. the rate applicable shall be that laid down by the following scale based on the number of employees of the company, the number of workers of 50 or more years of age affected by the dismissal and the percentage of profits of the company on revenue: rate applicable to calculate the economic contribution percentage of affected workers 50 years or more in relation to the number of retrenched workers percentage of profits on revenues number of employees en la empresa






Más de 2.000





Entre 1.000 y 2000





Entre 501 y 999






Más del 35%





Más del 10%





100%





95%





90%






Menos del 10%





95%





90%





85%






Entre 15% y 35%





Más del 10%





95%





90%





85%






Menos del 10%





90%





85%





80%






Menos del 15%





Más del 10%





75%





70%





65%






Menos del 10%





70%





65%





60%





5. For the purposes of the provisions of the preceding paragraph shall be taken into account the following rules: a) the percentage of affected workers 50 years or more on the total number of laid-off workers will be calculated every year, within the planned period to carry out the dismissals connected to the labour authority after the end of consultation period taking into account the total number of both groups that it has been subject to dismissal until the year in which occurs the calculation.

(b) the benefits of the company or group of companies is quantified on the basis of the average percentage of them with respect to income earned in the two fiscal years immediately preceding that in which businessman informs the labor authority open consultation period that must precede the collective dismissal.

(c) the number of employees of the company or group of companies shall be calculated according to those who are high on the company or group of companies at the time inform the labour authority opening the consultation period that precedes the collective dismissal, regardless of that work to full-time or part-time.

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

7 when the collective dismissal involves the total cessation of the activity of the company in the Spanish territory, may be appropriate, precautionary measures in accordance with the law, to ensure the payment of the debt owed to the financial contribution, even though it has not been subject to quantification and settlement before.


8. at least 50% of the amounts collected in the immediately preceding financial year shall be entered in the initial budget of the public service of employment with the aim of financing actions and re-employment measures for workers 50 or older that were found in legal unemployment situation, collective to which the budget of the public State employment service should include appropriations intended to finance such actions and measures.

9. as provided for in this provision shall apply to collective dismissal procedures initiated from April 27, 2011.'

Fifth final provision. Amendments to the consolidated text of the General Law on Social Security, approved by Royal Legislative Decree 1/1994, of 20 June, on protection for unemployment.

1 amending paragraphs 2 and 3 of article 203 of the General Social security law, which are written in the following terms: «2. unemployment will be total when the worker ceases, temporary or permanent, character in the activity that had been developing and private, consequently, of their salary. "

For these purposes, the total cessation of the worker refers to total unemployment activity days complete, continuous or alternate, for at least an ordinary working day, by virtue of the temporary suspension of contract or temporary reduction in working hours, ordered on the basis of provisions in article 47 of the Statute of workers.

3. the unemployment will be partial when the worker see reduced temporarily his day ordinary work, between a minimum of 10 and a maximum of 70 per cent, provided that the salary is subject to similar reduction.

For these purposes, means temporary reduction of daily ordinary working day, that is decided by the employer on the basis of provisions in article 47 of the Statute of workers, while reductions in final days or that they extend to the period remaining of the validity of the contract of employment are included.»

2 modify the numbers 1.a), 2) and 3) of paragraph 1 of article 208 of the General of the Social Security Act, that are written in the following terms: «(1. Se encontrarán en situación legal de desempleo los trabajadores que estén incluidos en alguno de los siguientes supuestos: 1) (when their employment relationship is extinguished: to) under collective dismissal» adopted by a decision of the employer on the basis of provisions of article 51 of the Statute of workers, or judicial decision in the bosom of a bankruptcy procedure».

«(2) (when is suspended temporarily its employment relationship, by a decision of the employer on the basis of provisions in article 47 of the Statute of workers, or by judicial decision in the bosom of a bankruptcy procedure, or in the case referred to in the letter n), paragraph 1 of article 45 of the Statute of workers.»

3) when it will temporarily reduce the ordinary working day of work, by a decision of the employer on the basis of provisions in article 47 of the Statute of workers, or by judicial decision in the bosom of a bankruptcy proceedings, in both cases under the terms of article 203.3.»

3. amending paragraph 5 of article 210 of the General of the Social Security Act, which is drawn up in the following terms: "5. in the case of partial unemployment to which refers article 203.3, the consumption of generated benefits occur for hours and not days." To this end, the percentage consumed will be equivalent to the reduction of day determined by the employer, on the basis of provisions in article 47 of the Statute of workers."

Sixth final provision. Accreditation of legal situations of unemployment arising from collective dismissal, or suspension of the contract and reduction in working hours.

A new fourth fifty additional provision added to the revised text of the Act General of the safety Social, approved by Royal Legislative Decree 1/1994 of 20 June, in the following terms: «fifty fourth additional provision. Accreditation of legal situations of unemployment arising from collective dismissal, or suspension of the contract and reduction in working hours.

Legal unemployment situations listed in article 208.1.1 to); (1.2) and 1, 3) of the General Social security law that occur under the aegis of the established, respectively, in articles 51 and 47 of the Statute of workers, will be credited by: a) communication written entrepreneur to the worker in the terms established in articles 51 and 47 of the Statute of workers. The cause and effects of the legal situation of unemployment date shall appear on the certificate of company being valid for accreditation. The date of effect of the legal situation of unemployment indicated on the certificate of company shall be in any case coincidental or after the date that is communicated by the labour authority to the managing body of the benefits unemployment the business decision that remembers the collective dismissal or suspension of contract or reduction day.

(b) the Act of administrative or judicial conciliation or final judicial resolution.

The accreditation of the legal situation of unemployment must be complemented by the communication of the labour authority to the managing body of the unemployment benefit, of the decision of the employer under cover of the provisions of articles 51 or 47 of the Statute of workers, which must include the cause of the legal situation of unemployment , the workers affected, if unemployment is total or partial, and in the first case if it is temporary or permanent. If it were temporary should be noted the term by which the suspension or reduction in working hours will occur, and if it is partial will be indicated the number of hours of reduction and the percentage that this reduction is with respect to the ordinary day's work."

Seventh final disposition. Modification of Royal Decree 395/2007, of 23 March, which regulates the subsystem of vocational training for employment.

1 the Royal Decree 395/2007, of 23 March, which regulates the subsystem of vocational training for employment, is drawn up in the following way: to) is added a new paragraph 3 to article 22, in the following terms: "3. the public State employment service must specify in each call the formative actions having priority» , without prejudice of the designated by the commissions joint sectoral. Priority training actions should try to anticipate the formation to the new production model, betting on more innovative sectors".

(b) add a new paragraph 4 to article 22, in the following terms: "4. the services public of employment of the autonomous communities shall specify in each call training actions having priority, without prejudice to those identified by the sectoral joint committees.» Priority training actions should try to anticipate the formation to the new production model, betting on more innovative sectors."

(c) paragraph 2 of article 24 is worded in the following way: «2. at State level, the implementation of training schemes will take place through agreements signed within the framework of the national system of employment between the public State employment service and the following organizations and institutions: the most representative business and trade union organizations at the State level» in the case of cross-sectoral training plans.

These plans will also run through agreements with the representative organisations of the social economy with remarkable implementation at the State level and the representative organizations of self-employed in State level and sufficient implementation, in which case training will address specifically the collective of workers of social economy and self-employed, respectively.

Business and trade union organizations most representative at the State level and the representative in this area, in the case of sectoral training plans, as well as joint bodies created or protected in the framework of the State sectoral collective bargaining. In those sectors where there is no State sectoral collective bargaining, or it is not sufficiently structured, measures to ensure the formation of these sectors offer is structured.

Centres and training institutions duly accredited and registered in the State Register of centres and training institutions.»

(d) paragraph 3 of article 24 is worded in the following way: «3. at the regional level, and without prejudice to the powers of the autonomous communities, the implementation of training schemes will take place within the framework of the agreements signed between the organ or competent entity of the respective autonomous community and the following organizations: the most representative business and trade union organizations at the State level and the most representative in the autonomous» in the case of cross-sectoral training plans.


These plans will also run through agreements with the representative organisations of the social economy and the self-employed, in both cases with sufficient implementation at the regional level and training aimed specifically at groups of the social economy and self-employed workers, representing respectively.

The most representative trade union and business organisations and the representative in the relevant sector, in the case of sectoral training plans, as well as joint bodies created or protected in the framework of the State sectoral collective bargaining.

Centres and training institutions duly accredited and registered in the register of centres and training institutions of the corresponding autonomous community.»

2. the Government may modify, by Royal Decree, the provisions of paragraph 1 above.

Disposal the eighth. Modification of the order TAS/718/2008 of 7 March, which develops the Royal Decree 395/2007, of 23 March, which regulates the subsystem of vocational training for employment, offer training and establishing the regulatory basis for the granting of public subsidies to their financing.

1. the first subparagraph of paragraph 1 of article 3 of the order TAS 718/2008, of 7 March, which develops the Royal Decree 395/2007, of 23 March, which regulates the subsystem of vocational training for employment, offer training and establishing the regulatory basis for the granting of public subsidies to its funding It is worded in the following way: "1. without prejudice to the powers of the autonomous communities in their respective fields of activity, will be beneficiaries of the subsidies to the financing of training schemes targeted primarily to employed workers, business organizations and most representative trade union and the representative in the corresponding sector of activity, as well as joint bodies created or protected in the framework of the State sectoral collective bargaining and centers and entities of» training duly accredited, referred to in paragraphs 2 and 3 of article 24 of the Royal Decree 395/2007, March 23.»

2. the Minister of employment and Social Security may change by the corresponding order, set out in paragraph 1 above.

Available to finish ninth. Overtime in contract them from part-time work.

1. the remuneration for overtime in part-time employment contracts, whether or not motivated due to force majeure, shall be taken into account for the determination of the contribution base both for common contingencies as professionals.

2. the rate of contribution for common contingencies applicable to these pay shall be 28.30 per 100, of which the 23.60 per 100 will be in charge of the company and the 4.70 per 100 in charge of worker.

For the contingencies of accidents at work and occupational diseases apply to the types of premium rate established in the fourth additional provision of law 42/2006 of 28 December, of the State budget for the year 2007, being premiums resulting in exclusive charge of the company.

3. the quote for overtime of workers with part-time contract will be calculated exclusively for the determination of the regulating base of benefits for common contingencies.

With respect to the benefits derived from occupational contingencies, it will be provisions in the existing order.

4. the provisions of the preceding paragraphs shall apply to workers included in the General scheme of the Social Security, except for falling within the special systems for account alien agricultural workers and employees of home established in the General Scheme, in the special regime of the mining of coal and for workers on behalf of others included in the regime special the Security Social of the workers of the sea.

5. regulations will be determined the terms and conditions for the application of the provisions of this rule.

Tenth final disposition. Modification of law 56/2003 of 16 December on employment.

Modifies the letter f) of paragraph 1 of article 25 of law 56/2003 of 16 December on employment, being worded as follows: «f) opportunities for groups with special difficulties: actions and measures of employability of collectives that, either structural or cyclical, present special difficulties for access and permanence in employment. " For this purpose, will especially take into consideration the situation of women victims of domestic violence, persons with disabilities and persons in a situation of social exclusion. In relation to people with disabilities, their recruitment both in regular employment and employment protected through special employment centres will be encouraged. With respect to persons in a situation of social exclusion is will boost hiring through the companies of insertion.

The Government will ensure in the Spanish employment strategy equal opportunities for people with disability access and maintenance in employment."

Eleventh final disposition. Modification of the Real Decree 1542 / 2011, on 31 October, which approves the Spanish employment strategy 2012-2014.

In the annex the Royal Decree 1542 / 2011, of 31 of October, which approves the Spanish employment strategy 2012-2014, in paragraph 5.6 «Field of opportunities for groups with special difficulties» is deleted the section on "State measures of labor insertion of persons with disabilities".

Twelfth final provision. Measures of State level in the Spanish employment strategy 2012-2014.

Actions and measures of active employment policies regulated by the standards listed below will have the character of State measures for the purpose of its application to the whole of the State, autonomous communities and the public service of 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 with respect to areas of active employment policies referred to in this strategy: to) chapter II of the Royal Decree 1451 / 1983, of 11 may, whereby in accordance with provisions in the Act 13/1982 of 7 April, regulates selective employment and measures of promoting employment of disabled workers.

(b) Chapter VII of Royal Decree 2273 / 1985 of 4 December, which approves the regulation of the special centers of employment, defined in article 42 of the Act 13/1982 of 7 April, Social integration of the disabled.

(c) articles 12 and 13 of Royal Decree 290/2004 of 20 February, which regulates labour enclaves as a measure of promoting employment of people with disabilities.

d) the Royal Decree 870/2007, of July 2, which regulates employment program, with support as a measure of promoting employment of people with disabilities in the ordinary labour market.

e) the Royal Decree 469/2006, of 21 April, by which regulated units in support of the professional activity in special employment centres.

f) the Royal Decree 282/1999, of 22 February, which establishes the employment workshop programme.

g) the order TAS 816/2005, of 21 March, which adapt to the legal regime established in law 38/2003 of 17 November, General grants the rules governing subsidies granted by the public State employment service in the fields of employment and occupational training.

(h) an order of the Ministry of labour and Social security of 9 March 1994, by which determines the regulatory bases of the granting of aid by the national employment Institute to carry out actions of verification of the professionalism, professional information, vocational guidance and active job search, by non-profit collaborating institutions and entities.

(i) an order of the Ministry of labour and Social Affairs of 20 January 1998, which establishes the regulatory basis for the award of grants for actions of vocational employment guidance and assistance for self-employment.

(j) order TAS/2643/2003 of 18 September, which regulates the basis for the award of grants for the implementation of pilot programmes on employment.

k) order of the Ministry of labour and Social Security on April 13, 1994, which regulates the granting of subsidies and grants on employment promotion of the disabled workers as set out in chapter II of the Royal Decree 1451 / 1983, of 11 May.

(l) order of the Ministry of labour and Social Affairs of 16 October 1998, which establishes the regulatory bases for granting aid and public subsidies to the promotion of the labour integration of disabled people in special centres for employment and self-employment.


(m) order of the Ministry of labour and Social Affairs of 19 December 1997, which establishes the regulatory bases of the granting of public subsidies, by the national employment Institute in the field of collaboration with bodies of the General State administration and its autonomous bodies, autonomous communities, universities and non-profit institutions that they hire unemployed workers to carry out works and services of general interest social.

(n) order TAS/2435/2004, of July 20, why are certain excepcionan programs public for the improvement of the employability 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, by which establish the regulatory bases of the granting of public subsidies by the national employment Institute in the field of cooperation with the governing bodies General of the State and its autonomous bodies, autonomous communities, universities and non-profit institutions, who hire unemployed workers to carry out works and services of general interest social.

(o) order of the Ministry of labour and Social Affairs of 26 October 1998, by which establish the basis for the award of grants by the national employment Institute, in the area of collaboration with local corporations to hire unemployed workers in carrying out works and services of general interest social.

p) order of the Ministry of labour and Social Affairs of 15 July 1999, which establishes the bases of public subsidies for the promotion of local development and promotion of projects and qualified as I + e companies.

(q) order TAS/1622/2007 June 5, which regulates the granting of subsidies to the self-employment promotion programme.

r) order of the Ministry of labour and Social Affairs of 13 April 1994, of the regulatory bases of the granting of subsidies in the manure, the workers who made use of the right provided for in article 1 of the Royal Decree 1044 / 1985.

(s) order of the Ministry of labour and Social Affairs on November 14, 2001, which regulates the programme of workshop schools and houses of offices and units of promotion and development and establish the regulatory bases of the granting of public subsidies to such programs.

(t) order of the Ministry of labour and Social Affairs on November 14, 2001, by the Royal Decree 282/1999, of 22 February, develops by which establishes the employment program of workshops, and the regulatory bases of the granting of public subsidies to such a program.

(u) order TAS / 3501/2005, 7 November to settle the regulatory basis for the granting of subsidies for employment promotion and improvement of competitiveness in cooperatives and labour societies.

Available end 13th. Modification of the rules of the payment of the unemployment benefit in the form of single payment of the fourth transitional provision of law 45/2002 of 12 December, on urgent measures for the reform of the system of protection for unemployment and improvement of the employability.

Amending rule 3 of paragraph 1 of the transitional provision of law 45/2002, of 12 December, fourth on urgent measures for the reform of the system of protection for unemployment and improvement of employability, which is worded in the following way: "as provided for in rules 1st and 2nd 3rd also shall apply to recipients of contributory level unemployment benefits which they intend to become self-employed and are not people with disabilities equal or superior to 33 per 100.

In the case of rule 1, payment of a single time will be done by the amount which corresponds to the investment needed to develop the activity, including the amount of the tax charges for the start of the activity, with a maximum limit of 60 per 100 of the amount of the pending receive contributory level unemployment benefit being the maximum limit of 100 percent when the beneficiaries are young men to 30 years of age and young women up to 35 years, both inclusive, being the age at the date of application.»

Fourteenth final disposition. Constitutional basis.

This Royal Decree is issued under cover of the provisions of article 149.1.6. ª of the Constitution, which attributes to the State the exclusive competence in the field of procedural law; as well as the provisions of article 149.1.7. 2nd and 17th of the Constitution, which attributes to the State exclusive jurisdiction over matters of labour legislation, without prejudice to its execution by the bodies of the autonomous communities, and basic legislation and economic regime of the Social Security, without prejudice to the execution of its services by the autonomous communities respectively.

15th final disposition. Schools of development.

1. the Government and the Minister of employment and Social Security, in the scope of their powers, will dictate the provisions that are accurate for the development and implementation of the provisions of this Royal Decree-law.

2. the Government will approve within the period of one month from the entry into force of this Royal Decree-law a Royal Decree on the rules of procedure of collective dismissals and suspension of contracts and reduction in working hours which develop provisions of this Royal Decree-Law, with special attention to the aspects relating to the period of consultation, information to provide to the representatives of the workers in the same the performances of the labour authority to ensure its effectiveness, as well as relocation plans and accompanying social measures taken by the employer.

Sixteenth final disposition. Entry into force.

The present Royal Decree will enter into force the day following its publication in the "Official Gazette".

Given in Madrid, February 10, 2012.

JUAN CARLOS R.

The Prime Minister, MARIANO RAJOY BREY

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