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Published in the royal Decreto-ley BOE8/2019,8

  • March 12, 2019

The objective ofl Right Decreto-ley8/2019,8March, urgent measures of social protection and fight against precarity in the working dayis to provide the necessary coverage to people who are in situations of particular vulnerability as is the case of the long-term unemployed, pensioners, young people, immigrants and certain groups of workers.

Measures adopted

Chapter I of the royal decreto-ley includes certain social protection measures, in the terms described below:

Article1the royal decreto-ley contemplates the modification of the regulation of unemployment subsidy for over55years in six aspects: reducing the age of access55to52years; deletion of the requirement of having fulfilled the age of52at the time of the event causing the subsidy, allowing access when it reaches this age and compile in regulating the jurisprudence of the supreme court on this issue; increase in its maximum length, so if previously seen until the beneficiary could access to any of the modalities of contributory pension of retirement, will be visible to the fulfilment of the normal retirement age; eliminating consideration of rents of family unity for access to benefit; increase in the amount of the contribution by the retirement contingency during the perception of the subsidy of100to125percent of the minimum contribution cap in force at any time; and the elimination of percentages applicable to the amount of the grant when it comes from a work part-time.

The effect of the improvements translates into a significant increase in the protection of this community during the unemployment situation, to facilitate access to younger age and does not consider the incomes of family unity, and extending the protection until the normal retirement age. But improvements are not confined to the situation of unemployment but have a huge projection of future, since affect the entire period of enjoyment of retirement pension, which will increase the amount by both the elimination of the potential coefficients on the amount in cases of retirement, as with the improvement of the quotation throughout the period of application of the grant.

In this way, the changes in the regulation of an allowance for over55years are justified mainly by impinge on an important collective of workers particularly vulnerable to the situation of unemployment and therefore priority for employment policy, and translates into a significant increase in the protection of this group of workers, both during the situation of unemployment, terms in the future to move to the situation of retirement, since they are not oblige the worker to retire, in its case, in advance, with the corresponding reductions in the amount of pension, while the increase in contributions during the perception of the grant will mean greater amount of the pension at the end of the normal retirement age.

This right decreto-ley also introduces a number of actions in the field of Social security aimed at achieving the goal of this Royal Decreto-ley. Among other measures, thearticle2 the text establishes the increase in the allowance for a dependent child andarticle3 the increase in the minimum amount of permanent Total incapacity for minors60years, this increase will retroactive effect to1January2019.

Chapter II of the royal decreto-leyincludes different measures aimed atpromote employment undefined in certain sectors of activity and the long-term unemployed. Thus,article7articulates the ‘ conversion scheme of temporary contracts of agrarian casual workers in indefinite contracts » which includes regular workers discontinuous. It allows companies to transform temporary contracts with workers belonging to the Special System employed Agrarian the General regime of Social security, including the discontinuous fixed, bonificarse the company quota for common contingencies, Melva their amount depending on the supervision of the worker and the mode of quotation – monthly or by real hours worked –. Moreover, with the aim of introducing positive steps to reduce the gender gap, provides increased amounts in the case of the conversion of contracts for working women.

Article8introduces a bonus for the employment of the long-term unemployed. In this way, is intended to encourage hiring unemployed indefinitely and registered in the employment office at least12months18months prior to recruitment, through a monthly bonus of the company quota to Social security. For the implementation of the bonus, provides that must be maintained in employment the worker hired at least three years since the start date of the employment relationship andarticle9 provides a measure of support for the extension of the period of activity of workers on permanent contracts discontinuous in the sectors of tourism and trade and hospitality linked to tourism.

Chapter IIIincludes policy reforms aimed at the registering of day, as a way to combat job insecurity.

Another of the measures adopted this right decreto-ley is the modification of the national system of Youth Guarantee (SNGJ), regulated by law18/2014,15October. This change aims to provide greater legal certainty to youth to enrol in the file of the National System of Youth Guarantee improvements, to simplify and facilitate routes of registration and access to a file System of national Youth Guarantee regarding the age. In addition, this right decreto-ley seeks to stabilize the implementation of improvement programmes of employment developed in the framework of the Youth Guarantee to all young people30years.

Entry into force

This Right Decreto-ley enters into force on the day following that of its publication in the ‘ Official Newsletter of the state ’, with the particularities identified in the following subparagraphs:

The modifications concerning allowance for over52years laid down in Article1this right decreto-ley apply to grant rights arising or resume after its entry into force, as well as those on that date are perceived by its beneficiaries.

In particular, Article280.3the text of the General law of Social security, according to the wording given by paragraph six Article1this right decreto-ley, will apply from the first day of the month following its entry into force, to beneficiaries that date are receiving unemployment benefit that from the same, or obtain resume.

Articles2: family benefits of Social security,4:Social protection of workers in the sector marítimo-pesquero,7:Temporary contracts conversion of agricultural workers in indefinite contracts or contracts fijos-discontinuos and 8:Bonus for the employment of the long-term unemployedthis right decreto-ley will enter into force on the first day of the month following its publication in the Official Official Newsletter of the state ’.

The registration of dayestablished in subparagraph9article34the text of the law of the status of workers, approved by the Royal Legislative Decree2/2015,23October, according to the wording of the same by Article10this right decreto-ley,applies to the two months of its publication in the Official Official Newsletter of the state ’