Companies May Not Have More Than 15% Of Their Workforce On Temporary


The Ministry of Labor presented on Wednesday to the social agents a new negotiation document for the modernization of the Workers’ Statute (ET) , according to the UGT. Among the novelties proposed with respect to the previous draft – which dates from July 14 – the Government wants to limit by law that a company can have more than 15% of its workforce hired temporarily. Furthermore, according to the information provided by the union, the ETTs (Temporary Employment Agencies) will no longer be able to temporarily hire workers to be transferred to their clients and must maintain an indefinite relationship with the employees who transfer.

In a statement after the meeting held by the representatives of the unions and employers with the Secretary of State for Employment, Joaquín Pérez Rey, UGT announced that Labor has introduced proposals for training contracts, temporary contracts of the new article 15 ET , the incorporation of the fixed construction work contract in the permanent contract, a new definition of the Employment Sustainability Mechanism (similar to the Erte), as well as a new regulation of temporary employment agencies that allows seasonal jobs to be fitted with better protection of the working people through permanent hiring in the temporary work agencies themselves.

Regarding the 15% of the temporary limit , UGT points out that structural contracts, -the ones linked to productive reasons due to the occasional and unpredictable increase in activity; those linked to organizational reasons to replace a low-staff worker and the two training modalities, the internship and the dual training contract – which will be legal after the labor reform, may not exceed 15% after the new government proposal of the entire workforce, according to the limit established by the Ministry of Labor.

Sources familiar with the document indicate that each year the companies that have exceeded that 15% must present to the unions a plan that involves the creation of permanent positions to redirect the percentage of temporary workers below 15% of the workforce.

In reference to Temporary Employment Companies , UGT points out that the proposal “allows the conclusion of contracts to make available for temporary jobs provided that the employment relationship of the person transferred is arranged for an indefinite period, either full time or full time. partial, modifying articles 6 and 10 of the temporary agency law “. Currently, these companies can choose to temporarily hire personnel who are going to transfer under the form of work and service or the Government’s proposal to hire fixed people who then temporarily transfer to their clients. Since the contract for works and services is eliminated, they only have the possibility of hiring indefinitely.

The Labor modifications include a new wording of the Employment Sustainability Mechanism (MSE), similar to the Erte. Now it will be allowed to use it for the requalification of the staff and it is clarified that the ETOP causes will justify the mechanism.

UGT anticipates that Work will introduce flexibility in the temporary contracting of construction. Thus, according to the union, instead of repealing the fixed construction work contract, as it intended, it will modify it. However, with the new wording, it is intended to fit this sector-specific contract within the indefinite contract, as demanded by the UGT.

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