Measures to Improve Stable Hiring and Employability in Spain

The Real Decree Law 16/2013 of December 20, 2013 on measures to promote stable hiring and improve the employability of workers became effective on December 22, 2013. The measures include the increased flexibility of the work organization.

  • The Law establishes that a trial period for fixed-term contracts (no longer than six months in duration) cannot exceed a maximum period of one month. However, this rule does not apply when the relevant collective agreement provides otherwise. The rules regarding risk situations that may interrupt the trial period (temporary disability, maternity, and adoption or foster care) extend to include those risk situations during pregnancy or breastfeeding and parenting. However, trial periods arranged before December 22, 2013 shall continue to fall under regulation of the legislation or conventional rules under which they formed.
  • With the aim of enhancing the flexibility in the distribution of irregular work time, the compensation scheme for the difference in hours, above or below, shall be the ones to which the parties agree. In the absence of an agreement, compensation for differences will fall within a period of 12 months from the date the differences begin to occur.
  • The Law affected the daily working hours for legal guardians of minor children. The Law increased the age of minors from eight to 12 years old where the minors fall under legal guardianship. This rule applies to anyone who has legal guardianship of and personally cares for a child under 12 years old or a person with a physical, mental, or sensory disability. In addition, the caretaker must not engage in caretaking for retribution. If these conditions exist, the caretaker will be entitled to a reduction of at least 1/8 and a maximum of half the duration of the daily working hours with the proportional reduction in salary.
  • The Law also extends bonuses by way of transformation in indefinite work-experience contracts to user companies that form an indefinite employment contract with workers in work-experience situations with ETTs.
  • The Law temporarily extends the period for entering into training and learning contracts not linked to professional or vocational certificates until December 31, 2014 (which previously concluded on December 31, 2013). The training activity inherent to these contacts may temporarily continue to form under the minimum content guidance established in the file of training specialities.

This article is not considered as legal advice

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