How continuous permanent contracts work and why there is no temporary “name change”.

You may have discovered in recent days that there was a so-called “Fixed interrupted” contracts. As it happened with ERTE, they went from being a big stranger to the media spotlight. In this case, it is because of labor reform that has facilitated the conclusion of indefinite contracts and highlighted the large boom in those contracts that are seasonal or intermittent. The right-wingers have turned them into the focus of what they call “make-up”, a simple “name change” and covert temporary work, but these are indefinite contracts (as they were during its validity), with an increase in labor rights. That it implies. For example, in connection with the release of payment, by the way.

To understand what a continuous fixed contract involves, we will analyze a specific case, Carmen (fictitious name), a dining room assistant at a hotel in the Balearic Islands. “The biggest difference for me is that I am guaranteed to return to the same job next year,” the employee explained to elDiario.es.

For the past two seasons, Carmen has worked at the same hotel on the islands “with temporary contracts that are renewed every two to three months, it depends,” explains the employee. As a UGT representative explained, since the beginning of April, he and his colleagues have had their contracts terminated permanently due to labor reform. These are permanent contracts that have been most enhanced under the new legal framework. If we look at Social Security affiliations, they have doubled since December and had a total of 640,111 full-time permanent employees in April.

With this new model, Carmen does not expect contract renewals for the rest of the season (in the Balearic Islands it runs from February to November), but the contract is indefinite. Of course, in November, when the tourist season ends and the hotel closes, “there is no work.” So the idea is that his contract will be suspended and he will be active again after the hotel opens in February. This is what is known as the “call” for continuous fixed contracts, in which obsolescence takes precedence. “This is the most important thing, because it guarantees that they will call me. This year, as it turned out, people who were less in the hotel than me were caught before me,” says the worker.

Summary: For uninterrupted permanent work when there is activity, the employee is employed steadily and upon completion of the work, the contract is terminated but the relationship with the company is maintained, who must return to call the employee again upon return. Activities. During periods of inactivity, continuous permanent workers may work elsewhere or, if they are unable to find work at this time, accumulate unemployment if they are entitled to do so.

The PP called in Congress this Wednesday “new temporary contracts” and a simple “name change” over uninterrupted permanent labor reform. These seasonal or intermittent contracts are signed by many workers who were previously temporary, such as Carmen, but the new relationship they now form with their companies is indefinite, and this is reflected in the expansion of labor rights.

Vice President and Labor Minister Yolanda Diaz recalled this Wednesday that discontinued fixed assets have “full rights”, as do other indefinite contracts such as the “accrual age”, a very topical issue in terms of supplementation. Salaries such as three-year periods.

“In case of release, [el fijo discontinuo] “This is the same as a normal contract,” said Vice President Diaz in Cortes. Although under temporary contracts, the hotel where Carmen works may or may not call him next tourist season, now he has to do so because his contract is indefinite. If not, if you do, you will be threatened with dismissal, which will result in higher pay: 20 days a year of processed salary, if appropriate, or 33, if inappropriate, instead of a temporary contract termination (12 days per year).

Job stability, that the employee returns each tourist season or each agricultural campaign (e.g.) to his position in the same company, also encourages the latter to invest, for example, in training and professional advancement.

Long-term contracts also prevent some of the evils of temporary work, such as excessive turnover and little knowledge of companies, which unions point to as weak points in the event of work-related accidents. They also prevent more uncertainty in workers’ conditions, as labor relations are maintained over time, they do not start from scratch each time a new temporary contract is signed, which often acts as a brake on wage improvements.

The labor government reform of the coalition government changed labor contracts, restricting the possibility of concluding temporary contracts. As a colleague, one of the modalities he has encouraged is the fixed interrupt. The executive intends to temporarily bring in permanent non-stop workers, but who hold stable positions, even if they are not extended throughout the year.

It refers to seasonal or seasonal activities, or that without a purely seasonal nature is “an intermittent provision, having definite, definite or indefinite terms of performance,” the law collects. Determining what fits into this definition of “discontinued” benefit may be the biggest challenge of the new regulation.

A hypothetical case that gives rise to differences in criteria: A bar that needs staff reinforcement only for the weekend. While some voices, such as law firms consulting companies, indicate that these positions may be filled on a permanent basis, other labor law experts believe it is tailored to an indefinite part-time contract in which they will work only from Friday. Sunday ..

“The ‘de-zoning’ of a fixed-term contract solves the delicate problem of the delicate problem of separation from a part-time employment contract,” said Anna Belen Munoz, a professor of labor law at Carlos III University in Madrid. More than a permanent part-time contract.

“There is a very fragile ‘balance’ between contract modality, and until the doctrine is in place, there is a high probability that there will be doubts about its use,” said Ignace Beltran, a UOC professor of labor law. In the example. “The law is full of indefinite legal concepts, some of which coincide, and this makes it difficult to identify the boundaries of each modality,” added Beltran, who He also addresses in his blog Doubts arising from the signing of these agreements in the case of contracts and ETTs, which make labor reform possible.

There is more debate that can be clarified in court. The new legislative text provided that “terminated permanent workers have the right to calculate their length of service based on the entire duration of the employment relationship and not on the actual time of service provided, except in conditions that require other treatment. Its nature and the extent to which it meets the criteria of objectivity, proportionality and transparency. ”

The clause raises doubts as to whether the entire duration of the contract should be taken into account in the light of reimbursement, when the Supreme Court is limited to the effective delivery of services. “I find it difficult to do that. The Supreme Court has said in other cases (such as contract suspension and leave) that seniority only works for salary supplements and not for compensation,” said Adrian Todol, a professor of labor law. University of Valencia.

The second vice-president announced that the Labor Inspectorate would launch a campaign next week to detect possible fraud in the use of uninterrupted land lines, as it did in the case of ERTEs. Both were fairly unfamiliar formulas with which there may also be some confusion about their work. “Pedagogy must be taught in the beginning,” Yolanda Diaz argued. In addition, the rule leaves much room for collective bargaining between companies and employees so that they can define elements such as the appeals process and the creation of employment exchanges for periods of inactivity.

The coming months of the standard will check how these and other regulatory contracts work, which has managed to reduce the start-up time to levels not seen in the last four decades. In order to properly assess the impact of the reform and to ignore periods of unemployment (inactivity) for permanent workers, Raul Segara, a labor market statistician, recommends that labor statistics include data on “job seekers excluded from unemployment.” “Register with a fixed termination,” as was done with ERTE. “Other things will be a lack of transparency,” he said.

Source: El Diario

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