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Resolution Of 14 November 2011, The Ministry Of Employment, By The Agreement Of The Council Of Ministers Of 28 October 2011, On The Global Strategy For Employment Of Workers Approved Is Published And Trab ...

Original Language Title: Resolución de 14 de noviembre de 2011, de la Secretaría de Estado de Empleo, por la que se publica el Acuerdo del Consejo de Ministros de 28 de octubre de 2011, por el que se aprueba la Estrategia Global para el Empleo de los Trabajadores y las Trab...

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The Council of Ministers at its meeting of 28 October 2011 adopted, on a proposal from the Minister for Labour and Immigration, the Agreement on the Global Strategy for the Employment of Workers and Workers Older 2012-2014 (Strategy 55 and above).

This Strategy, which will be in place in the period 2012-2014, will be the roadmap that will guide the actions of the Public Administrations with regard to the measures directed to the collective of workers over 55 years of age and in compliance with the with the commitment reached with the social partners in the Social and Economic Agreement of February 2011.

Taking into account that the Strategy includes measures of great social and economic relevance aimed at raising the employment rate and reducing unemployment in this group, encouraging the maintenance of employment to contribute to extension of working life, improving working conditions, especially in terms of occupational safety and health, and promoting their reintegration into the labour market, ensuring adequate social protection during the employment situation; unemployment, it is considered necessary that the Agreement should be of general knowledge and should be publication in the "Official State Gazette".

According to the above, I resolve the publication in the "Official State Gazette" of the Agreement of the Council of Ministers approving the Global Strategy for the Employment of Workers and Older Workers. 2012-2014 (Strategy 55 and above).

Madrid, November 14, 2011. -Secretary of State for Employment, María Luz Rodríguez Fernández.


October 28, 2011.



In the Social and Economic Agreement (ASE) for growth, employment and the guarantee of pensions subscribed on 2 February 2011, the Government, trade union organisations (CC.OO. and UGT) and business organisations (CEOE) and CESMEs) committed the development of a Global Strategy for the Employment of Older Working Persons, including measures in the field of employment, training and working conditions, with the aim of promoting maintenance in the the labour market of such persons and to promote the return to the labour market of those persons they lose their jobs in the last years of their working life.

As reasons for the adoption of this Strategy, the ASE noted that "in order to improve the employment situation of older workers, it is necessary to adopt a more comprehensive vision of public policies to be developed". together with the economic incentives so far used, integrate the positive values that the maintenance of these workers in the company presents. On the other hand, the development of policies for the extension of working life advises the adoption of new measures also in the field of employment which will provide employment opportunities throughout the working life and therefore contribute to employment. increasing the age at which workers leave the labour market and access to retirement, which must be both in a better functioning of the labour market and which takes advantage of the experience and qualifications of older workers age, as in the greater financial sustainability of the Social Security system. "

That commitment included in the ASE was converted into a legal commitment by Royal Decree-Law 1/2011 of 11 February of urgent measures to promote the transition to stable employment and the professional retraining of people. unemployed, which points out in its second provision the following:

" The Government, within six months, in collaboration with the Autonomous Communities and the most representative trade union and business organizations, will develop a Global Strategy for the Employment of the Working People of More Age which includes measures in the field of employment, training and working conditions, with the aim of promoting the maintenance of such persons on the labour market and promoting the reintegration into the labour market of those who lose their jobs in the Last years of his working life. "

With this document, the government complies with that legal mandate.

What is Strategy 55 and up.

The Global Strategy for the Employment of Workers and Older Workers (Strategy 55 and above) is the instrument for establishing the general framework of policies aimed at promoting the employment of women. older people, considering themselves as such workers and workers over 55 years of age, without prejudice to the fact that certain measures included in the Strategy may have an earlier age of application.

And, moreover, it represents the general framework of action of the Public Administrations both in the short and medium term, in the period 2012-2014, coinciding, therefore, its period of validity with that of the Spanish Strategy of Employment previewed also in the ASE and in Royal Decree-Law 3/2011 of 18 February, of urgent measures for the improvement of employability and the reform of active employment policies.

Well, based on the diagnosis of the current situation regarding the employment of this group, the Strategy identifies the objectives to be achieved over the period that is now being initiated, while pointing to the action to be taken in the coming years.

Participation of the social partners and Autonomous Communities.

The Strategy 55 and more has been developed by the Government after consulting the Autonomous Communities and the most representative trade union and business organizations, which must also have full participation in the development of the lines of action outlined below.


In a first diagnosis of the situation and perspectives of older workers in the labour market in Spain, the following characters can be highlighted:

-The over 55 years of age are a small group of workers with their own peculiarities. They represent approximately 12% of the occupied population and only 8% of the unemployed workers.

-They are characterized by low levels of activity and employment, as they integrate the most advanced working age groups and those next to retirement. They also have lower rates of unemployment, with a majority of men. People with relatively low levels of study predominate.

-Workers aged 55 to 64 are a heterogeneous group: up to 59 years of age, they have an employment rate of just below the average rate; in the case of men, they are more than the average rate; women is much lower. From the age of 60, there is a sharp drop in the activity rate and the employment rate.

-Although the employment rate of people aged 55 to 64 in Spain is comparable to that of the European Union-27, if the comparison is made with the European Union-15 our employment rate is five points lower; and 15 points lower if the comparison is made with the employment rate of the active 16-64 year-old population in our country.

-A progressively higher presence of women is observed over the last four years, for which employment has continued to grow during the crisis, as well as a relatively low weight of unemployment, but with a increased incidence of long-term unemployment.

-It is a collective, with a lower probability of entering unemployment, as evidenced by its lower rate of unemployment, but also with a lower probability of leaving, if any, of this situation to the elderly. difficulties in returning to the labour market, with a high risk of remaining in a prolonged period of unemployment. They have a lower unemployment rate, 14.5%, but the incidence of long-term unemployment is very high, 65.3%.

-This situation is exacerbated for those of a higher age and according to the personal characteristics of workers and workers, linked to the level of training and professional experience, as well as to those of other factors beyond personal data, relating to the economic sector of activity, to the profession and to the category of the job it performs.

-The majority of those employed in these ages have a low level of study. However, as with the population as a whole, the rate of employment for those with high school is almost double: 63.4% compared to 36.5%, while the unemployment rate is barely 6% at the high level and rises to 19% among the population. that have low levels.

During the period of implementation of this Strategy, and when it comes to the implementation of the proposed lines of action, attention must be paid to the employment and unemployment situation of people over the age of 55 having in The future development of the economy in general, the demographic evolution of the Spanish population and the entry into force of Law 27/2011 of 1 August on the updating, adaptation and modernisation of the social security system and the gradual application of the different measures included in the same.


A first analysis of the recent experiences of the employment of older workers in the European Union makes it possible to conclude that the policies pursued at European Union level tend towards development. an integrated approach, in accordance with the principles of active ageing and non-discrimination on grounds of age. In a European context of the ageing of the population, the trend at the moment is to promote employment and training, against policies of a kind that are based on early retirement, disability, and unemployment. unemployment or social assistance, which has been the case for decades before and extended by the European Union. The actions focus on two key objectives: on the one hand, to raise the low employment rate of older workers, on the other hand, to increase the average age of exit from the labour market, located in the 61.4 years.

The policies developed in this respect by the countries of the European Union can be classified into three large groups:

-The experience of the Nordic countries focused on achieving full employment as a guarantee to ensure universal social protection. According to this philosophy, the aim is to get people to participate fully in the labour market.

The strategy to tackle ageing is to encourage older workers to remain in an active situation. To this end, a set of measures aimed at adapting the jobs to the specific needs of the working and working age and to modify their professional profiles and the skills required are adopted.

-In the face of them, the continental countries have been characterized by a greater impact on social protection, taking measures in the area of social insurance. More recently, starting in the second half of the last decade, measures have been taken towards greater participation of workers and older workers in the labour market, although the literature has been consulted. that these actions should be accompanied by reforms in the labour market aimed at improving working conditions by adapting them to the needs of this collective, to improve the levels of skills and relatively low skills; and to incentivise work and deter early retirement.

-Finally, the United Kingdom has been developing a specific programme, "New Deal 50 +", which integrates action to seek employment, training and recruitment, the results of which have been assessed. (i) the OECD. It also has a programme aimed at prolonging active life, through actions aimed at skills, learning and flexible retirement.

The countries that achieve the greatest job integration of workers and older workers are Sweden, Finland, the Netherlands and the United Kingdom, with significantly higher employment rates. In the case of workers aged 55 to 59, they are over 70%, even above the employment rate for those aged 15 to 64, compared with Italy, France and Spain, with significantly lower employment rates. In those countries, in turn, the average age of exit from the labour market is also higher, higher than 63 years.


Older workers and workers are a specific collective of employment policy in Spain. In recent years, measures have been taken to promote the use of this population group by means of subsidies for the recruitment of older workers, focusing on the reduction or bonus of social contributions. together with measures of a kind of assistance, aimed at ensuring sufficient income for older workers, sometimes linked to the lack of minimum income. It should also be noted that other measures aimed at extending working life beyond the retirement age, as well as other measures aimed at establishing a gradual and flexible retirement system.

It is necessary to recognize that the measures in force were born in good part at an economic and employment situation other than the current one and to provide answers to situations different from the present situation. In particular, it should be noted that for a long time the primary priority of employment policy had more to do with the incorporation of young people into the labour market and not so much with the continued employment of young people. older workers.

Without a view to completeness, the measures in force in Spain in relation to the employment of older workers could be grouped in the following three categories:

1. Measures aimed at encouraging the permanence of older workers in the labour market:

-Gradual and flexible retirement, relief contract.

-Whether the worker or the worker decides to retire only partially after the statutory retirement age has been reached, without the need for a replacement contract.

-The retirement pension is increased for each additional work year, starting at age 65.

-Companies are granted a reduction or a progressive bonus for social security contributions in respect of workers or workers on an indefinite contract who are 59 years of age or older and at least four years of age age. The levy is removed from the age of 65.

-There are special reductions in Income Tax for those who choose to continue working beyond the age of 65.

The first three measures have been amended by Law 27/2011 of 1 August on the updating, adequacy and modernization of the Social Security system, both in order to adjust them to the new ordinary legal age of (ii) retirement (which is fixed at age 67, remaining at 65 for those who have been paid at least 38 years and six months) as, in the case of part-time retirement, to ensure that there is a correspondence between the relievist and partial retiree, among others.

2. Measures aimed at encouraging the return to the labour market when workers and older workers lose their jobs:

-Workers and older workers are a preferred collective in the employability improvement actions developed by the Public Employment Service.

-In the Job Workshops programme, aimed at unemployed jobseekers over the age of 25, there is a preference in the selection, among others, for candidates over the age of 45.

-The vocational training model for employment is intended for all workers, employed and unemployed, giving priority to the groups with the greatest difficulties of insertion, such as those over 45 years of age.

-Active insertion income, aimed at unemployed people with special economic needs and difficulty in finding employment. The unemployed persons who at the time of the application are over 45 years of age and under 65 may apply for it.

-Bonifications for the indefinite hiring of over 45 years of age who are long-term unemployed.

-In order to encourage those who have already retired to return to the labour market, if the retiree decides to work part-time, he/she can reconcile this work with the retirement pension, which is reduced by the same proportion in which the working day is accepted.

-Exoneration of social security contributions, workers and workers over the age of 65 years who continue or resume employment through an indefinite contract and credit at least 35 years of contributions effective Social Security.

3. Measures relating to social protection and the retirement age of workers and older workers:

-Specific rules on access conditions and pension claims in early retirement.

-Legal regulation of the clauses of collective agreements concerning the ordinary retirement age.

-In the event of a collective dismissal affecting workers over the age of 55, the company must finance a special social security agreement until those affected are 61 years old.

-Unemployment allowance of over 52 years of age and active income for insertion.

-Prior to ordinary retirement aid and extraordinary aid for workers affected by job-regulation files in situations of particular social protection, managed by the Ministry of Labour Work and Immigration.

The first three measures have been amended by Law 27/2011 of 1 August on the updating, adequacy and modernization of the Social Security system. Thus, in relation to early retirement, and following the criteria laid down in the ASE, two additional formulas for the anticipation of the retirement pension are laid down with coefficients reducing the amount, one, which is derived from the voluntary worker or worker in their activity, and another, which derives from the voluntary cessation.

On the other hand, a new legal requirement is established for the establishment of collective agreements of clauses that make it possible to terminate the contract of employment for the fulfilment of the ordinary retirement age, demanding the worker or the worker concerned has the minimum contribution period covered by the minimum contribution period which allows him to apply a percentage of 80% to the statutory retirement provision.

Finally, as regards the special agreements, the age at which the contributions corresponding to the agreement are paid by the employer is increased to 63, except in the case of the case of the economic causes, in which the age of 61 years will be maintained.

It should also be noted that the additional provision of Law 27/2011, on compensation to the Public Treasury, of the expense of unemployment benefits by the companies with benefits that they carry out regulatory files of employment involving workers over 50 years of age.


Having well present the situation and perspectives of older workers in our labour market, the overall objectives of the Strategy 55 and more for the period 2012-2014 are the four following:

▪ Raise the employment rate and reduce unemployment for workers over the age of 55.

▪ Promote the maintenance of workers and workers over 55 years of age to contribute to the extension of work life and the existence of longer social security contributions.

▪ Improving the working conditions of workers over the age of 55, with particular attention to improving their safety and health at work.

▪ Promote the reintegration into the labour market of older workers who lose their jobs, ensuring adequate social protection during the unemployment situation.


In view of the most recent experiences in the European Union and of the measures in force in our country in relation to employment and unemployment of older workers, the lines of action to be taken (a) to develop by virtue of the Strategy 55 and more to achieve the target targets are those outlined below. Lines of action which, in the context of the economy and employment as the current one, must be used to promote specific treatment by the public authorities and the social partners in the employment situation of persons. over 55 years of age, placing their employment needs on an equal level of importance to that of other unemployed persons who permit access to employment or, where appropriate, their maintenance.

The implementation of these lines of action will take place in the period of validity of the Strategy 55 and above, after consultation and negotiation with the social partners in the framework of the social dialogue and with the participation of the Autonomous Communities. In addition, in a cross-cutting way, the implementation of the lines of action will take into account the gender perspective and the situation of older people with disabilities.

The implementation of the lines of action should bear in mind the current context of fiscal consolidation and austerity in public spending. In this direction, actions likely to improve the employment situation of workers and workers over the age of 55 whose impact on public budgets is more compatible with the scenarios are preferable. short and medium-term budget. Similarly, emphasis should be placed on those active employment policies which are more focused on activation for the employment of unemployed persons rather than on those consisting only of reductions or bonuses for contributions. social to facilitate their recruitment.

Finally, the concreteness of the lines of action will take into account the special vulnerability of women workers aged 55 or over and who are victims of gender-based violence.

1. Lines of action related to the maintenance of workers and workers over 55 years of age:

1.1 Partial retirement and relief contract.

The recent Law 27/2011 of 1 August on the updating, adequacy and modernisation of the Social Security system has introduced major changes in the regulation of partial retirement and, by extension, in the Contract of relief. Once such a law enters into force, it will be necessary to assess the impact that measures on partial retirement and relief contracts may have on the maintenance of older workers and workers.

On the basis of the results of this evaluation, and bearing in mind the situation of our labour market, the opportunity must be assessed to link more closely two of the traditional objectives of the (ii) the maintenance of the employment of older workers and workers; on the other hand, the rejuvenation of companies ' templates by the incorporation of younger people. The economic stimulus to the conclusion of relief contracts which satisfy both objectives, as well as the transformation into indefinite of the fixed-term relief contracts, must be the subject of an analysis.

1.2 General incentives for the maintenance of employment.

With a general character, the greatest professional experience and the greatest seniority of the workers and the older workers determine the existence of higher wages for these workers in comparison with other age groups. The practice shows that companies tend to do without these workers, among other reasons, because of higher labour costs.

As regards the above, it should be remembered that there are currently bonuses in the quotas to the Social Security of companies for the maintenance in the employment of workers over 59 years old.

In the Spanish Employment Strategy, it is proposed to extend the incentives for the maintenance of employment to workers aged 55 to 59 by linking this, to a greater extent, to the Social Security System because of its direct relationship. with public policies aimed at prolonging working life.

In any case, in the framework of the general evaluations to be carried out in respect of the system of bonuses for recruitment, consideration should be given to the extent to which the bonuses of the business contributions for the contracts workers and older workers are contributing to the maintenance of these people's employment.

1.3 Maintenance in the employment of self-employed workers and workers.

Self-employed workers over the age of 60, with economic activities that require adaptation to changes in the market, do not carry out conversion processes due to their proximity to the age of the population. (i) retirement; this has a negative effect on the chances of job creation and, at times, the chances of maintaining employment. This situation is very common in certain sectors of economic activity, as is the case, for example, in retail trade.

Support the maintenance of business, carrying out conversion processes, requires policies of sectoral support, information campaigns, advice and training that encourage the holders of these businesses to carry out processes of adaptation and also of reduction of costs and incentives to recruitment (such as bonuses or reductions in contributions on the minimum basis of the Special Regime of Autonomous Workers for the self-employed over 60 years of age). who hire an employee in the activity, or who discharge from the RETA to another self-employed person with the who share the business in the years immediately prior to retirement). This collective will also be included in those recipients of the measures to be developed for financial support for investments.

Self-employment in the last few years of working life is an option that must be worked on in the immediate future. Therefore, the application of these or other similar measures will be studied, as will also be determined if they are implemented in general, or if they are limited to a specific sector, and the rules must be respected in any case. Community aid for public aid.

1.4 Clauses of collective agreements concerning the ordinary retirement age.

There are numerous collective agreements that, on the basis of the last regulation contained in Law 14/2005, have established clauses that permit the termination of the contract of employment by the worker or of the worker of the ordinary retirement age fixed in the Social Security regulations. As we know, such clauses must be linked to objectives consistent with the employment policy expressed in the collective agreement, such as the improvement of stability in employment, the transformation of temporary contracts into indefinite contracts, the support for employment, the recruitment of new workers and workers, or any others who are aimed at promoting the quality of employment.

Although this Law and the collective agreements adopted pursuant to it respect the constitutional case law and the European Union legislation on non-discrimination by age, the objective of maintaining employment in the the older workers, along with the new regulation concerning the delay of the legal retirement age, advise that during the period of validity of the Strategy 55 and more the social partners, in the exercise of their collective autonomy, jointly analyze the legality, right and opportunity to maintain this type of of clauses in collective agreements.

More generally, and always fully respecting collective autonomy, the social partners should analyse the best way to promote collective agreements to include clauses that are real and effective. non-discrimination on grounds of age in access and maintenance in the employment of older workers and workers.

1.5 Training throughout working life.

The lack of worker or worker training throughout their working lives can lead to situations of ineptitude over-coming from the lack of new tools or working methods. In the collective of older workers, it is also the case that, on many occasions, the company considers it to be a balder to provide or devote great resources to these workers who are at an age close to retirement. On the other hand, it may also be considered unnecessary to be formed.

The data indicate that the employment rate has a direct relation to the training of the worker or the worker, the most qualified people are those who are less likely to be dismissed and more to be hired. As in the population as a whole, the employment rate of the collective between 55 to 64 is doubled for those with high school-64% versus 37%-while the unemployment rate is barely 7% at high levels and rises to 18%. between those with less training.

Therefore, in the legal and regulatory framework of training for employment, measures will be analysed to stimulate and encourage training projects for workers and older workers, such as:

-Aid to companies that have a specific training plan for the collective mentioned group.

-The possibility of improving the amount of such aid in those cases of companies which have the figure of a "guardian" who is dedicated to identifying and covering the training needs of this group, or cases where companies encourage the creation of intergenerational working groups in companies to take advantage of both the ability to adapt to the younger ones and the experience of the older ones.

-More generally, the approval of a specific training plan that will ensure and substantially increase the number of older people receiving training.

The concreteness of these lines of action will take particular account of the training needs of women, in order to contribute to the improvement of their skill levels and their employment status.

1.6 Social awareness of the positive values of workers 'and older workers' work.

The maintenance of workers ' employment and older workers also goes through the recognition by society of the virtues and values of work developed by these people.

Article 39 of Law 2/2011 of the Law on Sustainable Economy states that public administrations will maintain a policy of promoting social responsibility, spreading their knowledge and best practices. In the case of the European Union, the Commission has been responsible for the implementation of the European Social Policy and the European Social Policy. To this end, the Government will make available to companies " a set of characteristics and indicators for self-assessment in the field of social responsibility, as well as models or references for reporting, all in accordance with the standards (...) ". In this direction, the State Council for Social Responsibility of Enterprises-as a responsible administrative body-could disseminate the best practices of social responsibility related to workers and workers aged 55 and over. age, as well as to assess the inclusion among its recommendations as a premise for a company to be recognized as socially responsible for the adoption of measures aimed at ensuring adequate management of the employment of workers and older workers.

Similarly, in full compliance with Community legislation and Law 30/2007, for Public Sector Contracts, formulas may be considered for the conditions for the performance of contracts to contribute to the maintenance of employment. of older workers and workers.

Together with this, the Public Administrations should develop information and awareness campaigns that promote the maintenance of workers 'and older workers' employment, specifying the positive values. the work developed by them from an economic and social perspective and combating all those stereotypes and prejudices that impede their full participation in the labour market.

2. Lines of action related to the working conditions of workers and workers over the age of 55, with particular attention to safety and health at work:

2.1 Workday.

According to the VI National Survey of Working Conditions, there is a great rigidity in the working hours of the workers between 55 and 64 years old. This, together with the fact that the influence of work on health is accentuated in workers and workers over 55 years, forces us to consider that greater flexibility in the organization of work would allow this collective to retire. progressively of the working population reducing their working hours and preventing them from having to cease completely in their activity.

To date, partial retirement is the only option that labor legislation provides for workers with less than 65 years of age to flex their working hours and leave gradually and progressive the labour market.

This formula presents a series of rigidities as well as a certain legal difficulty for its realization, since, among others, it requires the formalization of a contract of relief.

Based on all of the above, and in order to give a broader response to the diversity of situations occurring in the labour market, it seems pertinent to study the legal, economic and social feasibility of establishing in labour law a right to the reduction of working hours, with the consequent proportional reduction of wages, of workers and older workers from a certain age. This study will also be accompanied by an analysis of the social protection measures which could be accompanied by it. This shall be without prejudice to any agreements or agreements which may be established individually or collectively in the field of each undertaking. This study should focus on the initiatives related to the objective of the Spanish Employment Strategy to strengthen part-time work and internal flexibility in enterprises.

On the other hand, at the level of the business environment and in the framework of working conditions, measures will be taken to promote the development of:

-New skills and skills at work, through the rotation of tasks or the enrichment of the post.

-Organizational strategies that adapt the rhythms, breaks, shifts and working hours to the physical conditions of the worker or older worker and measures that address changes in the activity of workers and workers workers.

-Supplementary programmes aimed at keeping technical knowledge up to date at the professional level (adaptation skills).

2.2 Risk assessment, health surveillance, training and information for safety and health in the work of older workers.

According to the data from the National Health Survey (MSCPS), from the age of 55, the population is more vulnerable to a series of pathological processes directly related to aging and pathologies. The effects of the disease on the long-term effects of unhealthy lifestyles (high prevalence of degenerative arthropathies, hypertension, etc.).

In addition, a person who carries out the same functions for a long time generates a monotony in their performance that can have negative consequences on their health.

Based on all of the above, you need to explore acting paths such as the following:

-On the one hand, the importance of contemplating in risk assessments the factors inherent in age and age.

-From another, and based on the results of that assessment, to proceed with an appropriate planning of preventive activity, which includes, as a matter of priority, an appropriate programme of specific health surveillance according to risks and adapted to the age of the worker or worker, in which the following factors shall be taken into account:

o The limited mobility of the joints.

or The decrease in strength.

o Reduction of physical functional capacity.

o Reduction of perception and ability to make decisions.

o Reduction of visual capability.

o Reduction of hearing capacity.

o Slow reaction capacity.

This health program will also include training and information activities, which would include, for example:

▪ Training for workers and workers on how they can maintain and promote their own physical and psychological performance: strategies against the demands of work (stress management, prevention of exhaustion).

▪ Information on how to achieve good physical maintenance: promoting good health habits (nutrition or recommendation of sports practices).

-Risk assessments and the planning and scheduling of preventive activity as a result of the risk assessment shall also take into account the specific risks affecting older women.

To achieve the above objectives, in the framework of the specific social dialogue on the prevention of occupational risks, the Ministry of Health, Social Policy and Equality in coordination with the National Institute of Safety and Hygiene at Work (INSHT), they will draw up a document with recommendations on the aspects outlined above.

2.3 Functional mobility for safety and health reasons at work.

If the risk assessment was completed, despite carrying out all the measures in accordance with the provisions of paragraph 2.2., the age could start to be a handicap for the worker or worker to perform certain jobs, all possible options must be considered, before their departure from the labour market.

Among them, as a preventive measure, the possibility of applying internal flexibility measures in the company could be considered, including the change of job, along with other strategies that, from an approach They are aimed at adapting the workplace in order to ensure the safety and health of the worker or the older worker.

2.4 Measures in the framework of research aimed at social protection.

From INSHT it will be possible to carry out specific research in terms of working conditions and health of the workers and of the older workers to detect the morbidity profiles associated with the age and help the design of concrete interventions. It will also promote the conduct of epidemiological studies that determine those occupations that are potentially more dangerous in terms of the accident and define the impact of age. The results obtained in these studies will be an element of analysis and discussion within the National Committee on Safety and Health at Work, with a view to proposing strategies that guarantee the safety and health of these groups. vulnerable.

Finally, and given the case, it will be the Secretary of State for Social Security who will analyze and determine other measures, based on Article 161 bis.1 General Law on Social Security and its implementing regulations that provide for the the possibility for workers and workers to carry out certain activities that pose a risk to their safety and health, to be able to access early retirement, through the application of age-reducing coefficients Retirement Ordinary.

3. Lines of action related to the return to the labour market of workers and older workers who lose their jobs and social protection during the unemployment situation:

3.1 Professional guidance and activation towards employment.

Professional orientation is conceived as a professional orientation throughout life, which implies the development of activities according to the characteristics of each person so that they can receive treatment. individualised.

In that perspective, the Public Employment Services will design or adapt its service catalog to the needs of this collective with the aim of activating it towards employment. In particular, it will be possible for these services to be offered with the greatest agility once they are in a situation of unemployment.

in order to promote labour reintegration and to avoid the decoupling of the labour market of older workers, the current regulation of temporary work will be reviewed and adapted. social partnership compatible with unemployment benefits and allowances, so that they are directed preferably to beneficiaries of those benefits who have been unemployed for more than one year and who are over the age of 55. The amendment shall include the setting of limits for one year to the temporary duration of such work, in such a way as to be used as a means of maintaining employability and facilitating labour reintegration into the ordinary labour market.

3.2 Training for employment, vocational training and accreditation of professional skills. Particular attention to women over the age of 55.

By educational levels, the presence on the labour market of people aged 55 to 64 shows a marked bias in favour of low-level studies, where they are a majority, so that almost a fifth of those employed in the labour market In the case of low-level studies, 18% are workers or workers of that age, while they represent only one-tenth of those employed with a level of average studies and only 8% of those employed with high level studies.

Most of the busy people of these ages have a low level of study. However, as with the population as a whole, the employment rate for those with high studies is almost double: 64.0% compared to 37.0%, while the unemployment rate is barely 7% at the high levels and rises to 18% among the that have low levels.

Therefore, the following measures are proposed:

-Promote the accreditation of professional skills acquired by non-formal and informal means, for which it should be:

or Identify activities and occupations in which the low-skilled are present to a greater extent and give them priority in the accreditation processes.

or to conduct specific work experience accreditation calls for this age group to enable the recognition of their current qualification to guide their qualification in the same or near future productive activity to promote their reintegration into the labour market.

or Give priority to participation in training for employment.

-Raise training for the employment of the 55-plus-year-old women's collective with low-and middle-level studies in qualifications related to catering, personal, protection and vendor services.

Although the rate of unemployment is not very high in this group, less than 300,000 people, in recent years there has been a very significant increase (47% in 2010 compared to 2007). The activities where the employment of the workers is concentrated and the older workers fall within the service sector. It is where the presence of women is higher, and mostly in elementary occupations. There is a decrease in those employed with low levels of study, which would encourage the maintenance and/or growth of the employment of this group.

Therefore, it is proposed to take this collective into account in the revision of the vocational training module for employment to include specific measures that promote their training.

3.3 Incentives for reinstatement to the labour market.

The results of the current bonuses for hiring over 45 years of age are quite poor, reducing the number of workers in this group that companies are being subsidised by in a 13% of annual average since 2006. It is therefore proposed, in the context of the general assessments on the system of bonuses for recruitment, to consider the possibility of graduating, according to age and level of qualification, the incentives for the indefinite recruitment of older workers and workers. All this within the existing budget availabilities for recruitment bonuses.

On the other hand, we may be appearing at the current juncture of our job market with low wage levels that do not contribute to the reinstatement of certain unemployed people who perceive contributory unemployment benefits. Given the difficult placement of this group, and in the direction of promoting a better link between active and passive employment policies, the study of incentives for the acceptance of lower-skill jobs is proposed. a lower salary than the amount which the worker or worker may receive during the recovery of the unemployment benefit, and which, at least, constitutes an improvement in terms of contribution for retirement, such as:

-The SEPE would complete the listing for at least two years and, if necessary up to 125% of the minimum base. In the event that the worker or the worker accepted the employment, the supplement would correspond to 125% of the allowance at least two years.

-It could even be considered that workers or workers who accept lower remuneration during the period of recovery of the contributory benefit could be supplemented by the salary up to an amount equivalent to 125% of this benefit.

-To improve, adapt and promote the measure, already in force, of being able to make voluntary work for people over 52 years of age voluntarily compatible with unemployment benefits, which is a guarantee of better income and contribution to the worker or worker, as well as a greater incentive for their recruitment.

-Together with this, the possibility of adopting other stimulus measures for the return to the labour market inspired by those adopted in the support plans for the sectors affected by globalisation could be analysed, as aid for geographical mobility on the basis of its voluntary nature and an integral treatment of all the factors involved (personal and family situation, housing).

In general, the implementation of the above mentioned measures should bear in mind the current context of fiscal consolidation and austerity in public spending.

3.4 Autonomous work and social economy enterprises.

Often, many workers who have lost their jobs and who find it difficult to re-enter the labour market are trying to establish themselves on their own and, even if they have Entrepreneurial skills, they don't always get it, on many occasions for lack of support, advice, etc.

In order to promote self-employment or through social economy enterprises, measures such as the following could be considered:

-Setting up Social Security allowances for self-employed people over 55 years old who are such as such for the first time.

-That worker cooperatives that incorporate as partners to workers over the age of 55 have the same treatment in terms of quotas as companies that hire or have workers or workers over the age of 55.

-Analyse the possibility of raising the maximum level of the single payment of unemployment benefit which unemployed persons over 55 years of age can allocate to finance the investments needed to self-employed as standalone.

-Creation of a working group to study all labour and social security regulations that may be a barrier to the establishment of workers in these circumstances on their own account (charges (i) administrative costs associated with the implementation of self-employment initiatives, overlapping of contributions in various social security schemes, etc.), in order to check whether there are obstacles or whether, on the contrary, it can be established some measure that incentivises the self-employed work of this collective. Similarly, the aforementioned working group should collect the aid established for entrepreneurs who wish to set up their own business and be able to assess whether special aid is necessary for the older collective.

-On the other hand, the Public Employment Services could count on the voluntary collaboration of older unemployed people with extensive professional experience, as advisors and guardians of new projects. Business promoted by young people. For these collaborations, compensation or economic stimulus could be provided to accompany the ordinary protective measures that may be appropriate.

3.5 Unemployment protection: allowance of over 52 years and active income for insertion.

Within social protection for unemployed people, the collective over 52 years of age is the one with the highest level of protection, for the most part indefinitely until retirement.

However, it is estimated that a maximum of 100,000 people, almost all protected but not indefinitely, should be primarily involved in appropriate active policy measures and, exceptionally, with improved protection.

In order to adopt the most appropriate measures, it is necessary to make prior an analysis of the collective, in such a way that the current and future employment and protection situation, as well as its degree of availability, can be verified. and employability.

This collective, as a whole, should also be the recipient of measures and aid for its reintegration and, depending on its level of income and family responsibilities, its protection should be improved, permanently linking it to their availability for employment. Such improvement could be articulated through a new regulation of the active income of insertion.

3.6 Non-compete and incompatibility Pacts for after the work contract is extinguished.

At times, the employment regulation files contain clauses by which workers or workers who are included have a good incompatibility to develop any further work-the most broad-either to develop certain jobs or to develop them for competition. In such cases, the acceptance of a job would result in the loss of the right to supplementary social protection measures included in the social plans to accompany the SREs.

This type of clauses disincentive the worker or the worker to seek placement (in the face of the risk that this is temporary and cannot return to the rights acquired via the SRE), which can give rise to economic situations irregular.

Therefore, as an additional way of encouraging the return to the labour market of older workers, the possibility of banning these clauses beyond what is currently stated in the Treaty could be considered. Article 21.2 of the ET.

3.7 Aid to workers and workers affected by employment regulation files in a situation of special social protection.

As noted above, there are pre-retirement aids and extraordinary aid for workers or workers affected by job-regulation files in situations of particular social protection, managed by the Ministry of Labour and Immigration.

In a context of extending the working life and the delay of the statutory retirement age, it should be examined whether these aids should maintain their current configuration or be reoriented towards the return to the labour market. workers and older workers who have lost their jobs through job-regulation files, according to the philosophy which informs, for example, the European Globalisation Adjustment Fund (EGF).

Thus, these measures could be associated with the financing of active employment policies for workers and workers (recolocation, vocational training and retraining, support for self-employment ...) included in the social plans to accompany the SREs.


Funds from the General Budget of the State will be included in the budgets of the State Employment Public Service, and will include the amounts of contributions made by companies with benefits to carry out employment regulation files on the terms to be determined in accordance with the provisions of the additional 16th provision of Law 27/2011 of 1 August on updating, updating and updating of the Social Security System.

Furthermore, the active policies included in this Strategy may be the subject of co-financing by the European Social Fund, provided that the expenditure actually incurred in the implementation of the actions and measures in which it is materialise comply with the provisions of the existing national and Community rules in this respect.

In the period 2012-2013, as the Council of Ministers Agreement of 29 January 2010, for which the 2010 Immediate Action Plan is adopted, and the Austerity Plan of the General Administration of the State 2011-2013, the expenditure resulting from the implementation of the Strategy will be met with the available envelopes, once the Plan has been implemented.


As a general rule, all indicators of the Spanish Employment Strategy, referring to the impact of active policies and actions on all workers ' groups, should facilitate a disaggregation by age and gender to enable the monitoring and evaluation of these measures to be carried out in a specific manner for older workers and workers.

The same principle should be followed for the employment policy indicators contained in the Strategy.

All the periodic evaluations of the Spanish Employment Strategy to be carried out should contain a specific analysis of their impact among the collective of older workers paying attention to the impact differentiated from measures in women and men.

Without prejudice to the above, indicators related to the measures referred to in this Strategy may be developed 55 and more, when these are not explicitly included in the Spanish Employment Strategy.

The existing bodies for social participation with social and economic actors, and the territorial concertation bodies AGE-CC.AA. in the field of employment, will monitor and evaluate the measures envisaged in the This Strategy, without prejudice to the establishment of specific tripartite bodies for this work.