Appointment Electronic

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El presente sitio Web está traducido a varias lenguas españolas oficiales en sus respectivos territorios, de conformidad con lo establecido en el artículo 3 de la Constitución Española de 1978 y sus Estatutos de Autonomía.

Las lenguas son el catalán, el euskera, gallego, valenciano, inglés y francés. Se advierte que, con carácter general, puede existir un desfase entre la versión en castellano y en las otras lenguas, derivado del proceso de traducción a las mismas.

Temporary Contract

Index of Contents

  1. Temporary contract
  2. Specific clauses of the contract by circumstances of production
  3. Specific clauses of the temporary contract for the replacement of a worker
  4. Specific clauses of the fixed-term replacement contract to replace workers in training with workers receiving unemployment benefits
  5. Specific clauses of the fixed-term replacement contract to replace workers during periods of rest due to birth, adoption, fostering, risk during pregnancy, risk during natural breastfeeding or suspension due to paternity, co-responsible exercise of care for the minor or infant
  6. Specific clauses of the fixed-term replacement contract to replace temporary disability leave for persons with disabilities
  7. Specific clauses of the fixed-term replacement contract to replace female workers who are victims of gender-based violence or sexual violence
  8. Specific clauses of the fixed-term and temporary contract for workers exposed to factors of vulnerability and/or social exclusion in insertion companies
  9. Specific clauses of the contract for the transition to regular employment for workers exposed to factors of vulnerability and/or social exclusion in insertion companies
  10. Specific clauses of the temporary partial retirement status contract
  11. Specific clauses of the temporary relief contract
  12. Specific clauses of the contract linked to activation programs for employment
  13. Specific clauses of the temporary family home service contract
  14. Specific clauses of the temporary contract for persons with disabilities
  15. Specific clauses of the temporary contract for persons with disabilities in special employment centres
  16. Specific clauses of the temporary contract of access of research staff doctor
  17. Predoctoral research staff in training
  18. Specific clauses of the temporary contract for prisoners in penitentiary institutions
  19. Specific clauses of the temporary contract for minors and young people, in centres for minors subject to detention measures
  20. Specific clauses of the temporary group work contract
  21. Specific clauses of the temporary high-management contract
  22. Others
  23. Specific clauses of the temporary replacement contract in anticipation of retirement age

Definition

The temporary contract, is that which is aimed at the establishment of an employment relationship between the company and the individual worker due time.

To understand that without just cause of temporary work will be necessary to specify precisely in the contract enabling the cause of the temporary recruitment, the specific circumstances justifying it and its connection to the intended duration.

The temporary employment contract shall be entered into full time or partial.

The temporary employment contract is signed in writing, may be oral if in the situation by circumstances of production, the duration of the same may be less than four weeks and full time.

Specific provisions

It may lead to situations exist:

From its procurement (by circumstances of the production, updating of employee or person temporary coverage of one post in the process of selection or promotion).

For its purpose of offering employment incentives (building temporary employment of persons with disabilities, persons over 50 workers and two years of the recipients of unemployment benefits.

By its specific role, as would be the case of the impetus to the research activity (access to the Spanish System of science, technology and innovation and received a personal or researcher training received).

There are also situations exist in the cases of people who have been convicted in penal institutions and in the case of children and juveniles in juvenile centres under the measure of confinement.

Temporary contracts or fixed duration may in some cases be beneficiaries of incentives for recruitment, in compliance with the requirements in each case will be held by the implementing legislation, depending on the characteristics of the situation of the business, the worker, of the day or duration.

The unjustified use of temporary staff or breaches of obligations converts the indefinite temporary staff.

The successful people that in a period of 24 months were hired for a period exceeding 18 months, with or without any interruption, for the same or different job with the same company or group of companies, through two or more contracts by circumstances of the production, either directly or through the provision for temporary work agencies, will become fixed working people.

What is set out in the preceding paragraph also applies where there are cases of succession or business subrogation as provided for legal or conventionally.

Conclusion

Their formalization can be oral or written. Should be in writing, the contracts under the employment promotion programme and when required by law and, in any case, the contracts of relay, contracts for working people to work and the persons engaged in Spain in the service of spanish companies abroad. Equally shall be in writing contracts at a time periods exceeding four weeks. As well as the employment contracts for the fishermen.

Without observing the formalization in writing if it is earned, the contract was presumed to be held indefinitely and full time, unless proved otherwise accrediting its temporary nature or part-time nature of services, as set out in the article 8 . 2 of the workers' statute. In any event, either party may require that the contract was confirmed in writing even in the course of the employment relationship.

Will become fixed working people, whatever the mode of recruitment, which had not been given to Social security, after a period equal to that legally have been set for the trial period, unless the nature of the activities or services contracted are clearly determined the duration of the same time, without prejudice to the other responsibilities to any place in law.

Persons engaged in breach of article 15 of the workers' statute will become permanent.

Business will have to notify the legal representation for working people in business contracts in accordance with the contractual arrangements for specific time frame envisaged in the absence of regulatory legal obligation to deliver basic copy.

The content of the contract shall be communicated to the public employment service in the State of the 10 days of conclusion, as well as their prorrogas or not, should be formalized in writing.

When the formalization of the contract with a person workers with disabilities the contract will be formalized in writing, quadrupled copy in the official model. The contract will be high in application of the Social security, as well as the certificate of disability.

In the case of distance working people in the contract shall bear the place in the provision.

If the contract is concluded part-time in the contract must include the number of normal working hours per day, a week, month or year recruited and their distribution. Without observing these demands, the contract was presumed to be held on a full-time basis, unless proved otherwise attesting to the partial character of the services and the number and distribution of hours.

Legislation

  • Decreto-Ley Real 32/2021, 28 december, on urgent measures to labour reform, ensuring stability in employment and the transformation of the labour market.
  • Article 15 of Royal Legislative Decree 2/2015, 23 october, which adopted the consolidated text of the law of the workers' statute.
  • Decreto-ley Real 1/2023, 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.

Object

Circumstances of production:

A) the increase in casual and unpredictable swings and, even with regard to the normal activity of the company, introduce a temporary mismatch between stable employment available and required, provided that it does not respond to cases covered by article 16 . 1 .

Among the variations referred to in the preceding paragraph refers to including those arising from the annual leave.

When the contract length that responds to the circumstances of the production, its duration may not exceed six months. By collective Sectoral scope may be extended to the maximum duration of the contract up to one year. If the contract had entered into by less than the statutory maximum conventionally or established, may be extended, by agreement of the parties, only once, without the total duration of the contract may exceed the maximum duration.

B) Likewise, companies may formalise contracts due to circumstances of production to deal with occasional, foreseeable situations and which have a reduced and delimited duration under the terms set out in this paragraph. Companies may only use this contract for a maximum of ninety days in the calendar year, except in companies in the agricultural or agri-food sector, which may use it for a total of 120 days in the calendar year, regardless of the number of workers needed to deal with the specific situations on each of these days, which must be duly identified in the contract. These ninety or one hundred and twenty days, in the case of companies in the agricultural or agri-food sector, may not be used continuously. In the last quarter of each year, companies must provide the workers' legal representatives with an annual forecast of the use of these contracts.

Translated with DeepL.com (free version)

There can be identified as a cause of this contract the conduct of work in the context of contracts, contracts or concessions which constitute the habitual or ordinary activity of the company, without prejudice to the holding in the circumstances of production in the above terms.

Features of the contract

Shall be conducted full-time or part-time.

Will be formalized in writing.

The contract by circumstances of the production ceases upon complaint by any of the parties, from the expiration of the agreed time limit.

The completion of the contract, finally, the worker is entitled to compensation of twelve days' wages for one year of service.

Other features

Becomes undefined:

  • For lack of written form. In the case of part-time appointment, the lack of written form shall also determine that the contract was presumed held a full-time basis, unless proved otherwise attesting to the part-time nature of services.
  • For lack of access to Social security, if it had taken longer than the trial period.
  • If the term there had been any allegation of the parties and to continue with the provision of employment.
  • Persons engaged in breach of article 15 of the workers' statute will become permanent.

Legislation

  • Decree-law Real 1/2023, 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.
  • Decreto-Ley Real 32/2021, 28 december, on urgent measures to labour reform, ensuring stability in employment and the transformation of the labour market.
  • Article 15 of Royal Legislative Decree 2/2015, 23 october, which adopted the consolidated text of the law of the workers' statute.

Object

Replace working people with the right subject to the job, under rule, collective or individual agreement, or to cover a temporary job during the process of selection or promotion to its coverage.

Features of the contract

Due to full-time except in two instances:

a) when the person was hired workers replaced part-time or is temporarily filling a job for which final coverage will be part-time.

(b) when the contract will be made to complement the shorter working hours of workers exercise the right under article 37 ( 4 , 5 and 6 of the workers' statute, or those other cases in which, in accordance with the established legal or conventionally, agreeing on a temporary reduction of the day of the female worker replaced, as well as in cases where persons workers enjoy part-time parental leave, adoption or fostering, adoption or permanent.

When the contract will be made to temporarily fill a job during the process of selection or promotion for coverage, the final duration will be the duration of the process of selection or promotion for coverage correctional officers, who may exceed three months or be a new contract with the same object when the maximum duration.

When the contract shall be convened for the replacement of a person working reserve the right to work, always specified in the contract on behalf of the person replaced and the cause of replacement. In this instance, the provision of services may not begin before the absence of the person replaced, coinciding with the development of the functions the time necessary to ensure the proper discharge of the post and a maximum of fifteen days.

The contract must be made in writing, the identification of the individual worker replaced and the cause of substitution and, in his case, the job final whose coverage will occur after the selection process foreign or promotion.

The replacement contract shall terminate upon complaint by any party, when any of the following cases:

  1. The reinstatement of the individual worker replaced.
  2. The deadline established legal or conventionally to return.
  3. The Extinction of the case that gave rise to the reservation.
  4. The course of the period of three months in the processes of selection or promotion to the provision of jobs or term resulting from implementation of public authorities.

The replacement contracts that have established a legal or conventionally maximum and who have entered into by less than the same means tacitly extended, until the corresponding maximum duration, when there had not mediated complaint or extension expresses before their maturity and the worker should continue to provide services.

Other features

Becomes undefined, unless proved otherwise in respect of the temporary nature of the provision:

  • For lack of written form. In the case of part-time appointment, the lack of written form shall also determine that the contract was presumed held a full-time basis, unless proved otherwise attesting to the part-time nature of services.
  • For lack of access to Social security, if it had taken longer than the trial period.
  • If the term there had been any allegation of the parties and to continue with the provision of employment.

It shall be presumed to have been indefinitely in fraud.

Legislation

  • Decreto-Ley Real 32/2021, 28 december, on urgent measures to labour reform, ensuring stability in employment and the transformation of the labour market.
  • Article 15 of Royal Legislative Decree 2/2015, 23 october, which adopted the consolidated text of the law of the workers' statute.

Features

The general rules set out in “ temporary contract of replacement of individual worker ”, as follows:

  • They will be able to benefit from this programme all companies, whatever the size of its staff, to replace workers to people with unemployed persons in receipt of unemployment benefits during the time in which they become involved in the training, provided that such actions are financed by either public administrations.
  • The implementation of this programme will be compulsory for persons unemployed workers receiving unemployment benefits.

Incentives

The person unemployed worker hired shall receive contributory benefit or unemployment allowance entitled by the 50 per cent of the amount for the duration of the contract, with the ceiling of twice the pending receipt of benefit or subsidy.

The company, during the period of perception of the provision or allowance line, the working person the difference between the amount of benefit or unemployment allowance received by the individual worker's wages and assigned to them, is also responsible for the entirety of the Social security contributions for all contingencies and the total salary indicated, including the amount of benefit or unemployment benefit.

Companies must submit in the employment bureau a certificate issued by the public administration or entity is responsible for managing the training which certifies the participation of its workers in the training courses, as well as the length of the same.

Legislation

  • Decreto-Ley Real 32/2021, 28 december, on urgent measures to labour reform, ensuring stability in employment and the transformation of the labour market.
  • Transitional provision of the sixth Law 45/2002, 12 december, on urgent measures to reform of the unemployment protection and improvement of fosters employability.

Incentives

The general rules set out in “ replacement contract ”, as follows:

  • Will give the right to a bonus in the performance of 366 euros/month in the period in which over the replacement contract and the relevant provision.
  • Persons employed workers replaced by unemployed young people, 30 during the years i perceive economic benefits by birth and child care, exercise jointly responsible of custody of the child or minor baby, risk during pregnancy or risk during breastfeeding, through the replacement contracts.
  • Short-term contracts held with unemployed persons for replacement of self-employed persons, persons working partner or partners of cooperative societies.
  • Also, in the price of the partners workers or members of cooperative societies, replaced during the periods of birth and care of the child or exercise jointly responsible, the child or minor, baby, risk during pregnancy or risk during breastfeeding, through the replacement contracts concluded with bonus unemployed persons also lets you view a bonus of implementation 366 eur/month in the assessments of Social security for all concepts for partners in a Social security system of working people in employment.

Exclusions

The above-mentioned benefits will not be implemented in the following cases:

  • A) Recruitment affecting the spouse, ascendants, descendants and other relatives by consanguinity or affinity, to the second degree of entrepreneur or corporate control, with supervisory jobs or are members of the governing Bodies of the entities or companies to take the form of legal, as well as those that occurred with the latter.
  • B) working people who have left office in the corresponding Social security system with an open-ended work contract to another employer within three months before the date of the high in the corresponding Social security system with the contract encouraged. This exclusion does not apply when the completion of the contract is for dismissal recognized or dismissed, or by redundancies.
  • C) employers who have become extinct or extinct by dismissal recognized or subsequently dismissed or by collective redundancies incentivized contracts should be excluded for a period of twelve months of incentives for recruitment. This exclusion affects a number of contracts equal to that of extinctions. The exclusion period runs from the recognition or of the declaration of dismissal or refusal of extinction due to the redundancies.

Legislation

  • Decree-Law Real 32 / 2021 , 28 december, on urgent measures to labour reform, ensuring stability in employment and the transformation of the labour market.
  • Article 15 of Royal Legislative Decree 2/2015, 23 october, which adopted the consolidated text of the law of the workers' statute.
  • Royal Decree 2720/1998, 18 december, which develops article 15 of the statute of workers in terms of contracts.
  • Law 39/1999, 5 november, to promote the reconciliation of family life and their jobs.
  • Organization Act 3/2007, 22 march, on effective equality between women and men.
  • Decree-law Real 1/2023, 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.

Features of the contract

The general rules set out in “ temporary contract: specific Clauses interim ” with the following particulars:

Persons contracted workers must be persons with disabilities to replace unemployed people with disabilities that have suspended their employment contract for temporary disability during the period in which this situation persists.

Incentives

Will give the right to a bonus in the performance of 366 euros/month in the period in which over the replacement contract and the situation of temporary disability.

Legislation

  • Decree-Law Real 32 / 2021 , 28 december, on urgent measures to labour reform, ensuring stability in employment and the transformation of the labour market.
  • Decree-law Real 1 / 2023 , 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.

Features of the contract

The general rules set out in “ temporary contract: specific Clauses substitution ”.

Incentives

Companies that formalized replacement contracts to replace workers who are victims of gender violence or sexual violence that have suspended their employment contract or exercised their right to geographical mobility or change of place of work shall be entitled to a bonus of 100 per cent of contributions of business to Social security for common contingencies, throughout the period of suspension of the female worker replaced or for six months in the case for geographic mobility or change of workplace. When returning, it will be undertaken in the same conditions at the time of the suspension of an employment contract.

Legislation

  • Decree-Law Real 32 / 2021 , 28 december, on urgent measures to labour reform, ensuring stability in employment and the transformation of the labour market.
  • Organization Act 1 / 2004 , 28 in december on comprehensive protection measures against gender violence.
  • Additional Provision ninth) Decree-law Real 1 / 2023 , 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.

Requirements of Working Persons

Integration companies may employ as integration workers unemployed or in a situation of improvement of employment and registered in public employment services exposed to factors of vulnerability and/or social exclusion and, in any case, to the following:

a) Persons receiving the minimum living income and/or minimum income for integration, or any other benefit of the same or similar nature, according to the name adopted in each autonomous community; as well as the members of the cohabitation unit who benefit from such benefits.

(b) Persons who are unable to access the benefits referred to in the preceding paragraph, for any of the following reasons:

1 .º The lack of the required period of residence or registration, or for the constitution of the recipient unit.

2 .º Not reaching the minimum age required.

3 .º Have exhausted the maximum period of legally established perception.

(c) Unemployed persons who are continuously enrolled in the public employment services for two years or more than twelve months if they are over the age of forty-five, as well as persons admitted to the programme providing specific assistance known as active income for integration and who, in any case, are exposed to factors of vulnerability and/or social exclusion.

(d) Women who have the status or are beneficiaries of assistance to women victims of gender-based or sexual violence or trafficking in human beings who, as a result of specific means of refuge or for any other reason, encounter special difficulties in accessing the labour market.

(e) Young persons over the age of 18 and under the age of 30, coming from institutions for the protection of minors.

(f) Persons in the process of recovery and normalized socialization, due to a situation of personal and family breakdown, conflict with the environment or social rejection, such as drug or alcohol addiction, the exercise of prostitution, and the enforcement of custodial sentences, among others.

(g) Immigrants, beneficiaries of international protection, beneficiaries of temporary protection or returning emigrants, who meet the requirements of the current legislation on aliens, international protection or temporary protection, when, due to their characteristics or personal circumstances, they present special difficulties in integrating into the ordinary labour market.

(h) Inmates of penitentiary institutions whose penitentiary situation allows them access to employment and whose employment relationship does not fall within the scope of the special employment relationship regulated in the article 1 of the Royal Decree 782 / 2001 , of 6 in July, which regulates the special employment relationship of pensioners who carry out work activities in penitentiary workshops and the protection of Social Security of those subjected to work penalties for the benefit of the community, as well as conditionally released persons and ex-prisoners.

(i) Minors under the Organic Law 5 / 2000 , of 12 January, regulating the criminal responsibility of minors, whose situation allows them to access a job and whose employment relationship is not included in the scope of the special employment relationship referred to in the article 53 . 4 of the regulation of the aforementioned law, approved by the Royal Decree 1774 / 2004 , of 30 of July, as well as those who are in a situation of probation and ex-inmates.

(j) Persons from institutions for the protection or re-education of minors.

k) Persons from alternative accommodation centres authorized by the autonomous communities and cities of Ceuta and Melilla.

l) Persons from prevention and social inclusion services authorized by the autonomous communities and cities of Ceuta and Melilla.

(m) Persons who, because they belong to certain ethnic minorities, specifically the Gypsy population, encounter special problems of labour integration.

(n) Persons who, by reason of their unshared family responsibilities, together with other personal or family factors or deficiencies, find themselves in a situation of special vulnerability and/or social exclusion and difficulty of access to the labour market.

ñ) Homeless people.

(ñ) bis Persons coming from processes of regularization of their administrative status of residence and work, when, due to their personal characteristics or circumstances, they present special difficulties of integration into the ordinary labour market.

o) Those exposed to any other factor of vulnerability and/or social exclusion not expressly provided in this article.

The factors of vulnerability and/or social exclusion must be accredited by the competent public social services or public employment services.

For the exclusive effects provided for in the law and within the framework of labour competences, the following shall be understood:

a) Social vulnerability: a situation in which individuals, families, groups, or communities can be found due to the confluence of economic, social, relational, environmental or personal factors that increase exposure to risks and place affected persons at a social disadvantage, which can result in an increase in inequalities, limitations in the exercise of rights and/or exclusion or risk of exclusion.

(b) Social exclusion: a process whereby people are totally or partially excluded from participation in the cultural, economic, social and political life of their communities due to the accumulation of vulnerabilities and the inability to leave without support from such a situation, with the exercise of their rights being seriously limited.

c) Employment improvement situation: the situation in which the interested person can prove to be in possession of the employment improvement card issued by the employment services of the corresponding autonomous community or by the State Public Employment Service in the case of the cities of Ceuta and Melilla.

d) Homeless person: a person who does not have access, during the reference period, to accommodation that meets the commonly accepted criteria of human habitability, whether the accommodation is legally owned or rented, occupied free of charge with the permission of the owner, or under contract or other agreement of a non-temporary nature, including accommodation provided by the public sector or non-governmental organizations or by their employers.

 

The inclusion company shall be considered a commercial, labour or cooperative society legally constituted which, being duly qualified by the competent bodies, carries out any economic activity of production of goods and services, and whose object or statutory purpose is the integration into the ordinary labour market of workers exposed to factors of vulnerability and/or social exclusion or included in any of the groups referred to in the article. 2 of the law.

To this end, insertion companies must apply itineraries and insertion processes to workers exposed to factors of vulnerability and/or social exclusion or included in any of the groups referred to in the article 2 , provided by the public employment services and in coordination with the competent public services. These itineraries, in the preparation of which the company will participate, will have a minimum duration of six months and a maximum of three years, and must be agreed with the person in a situation of risk of exclusion or vulnerability contracted and expressly accepted by the latter.

Entities that meet the following requirements may obtain the qualification of “insertion company”:

(a) Be promoted and participated by one or more sponsoring entities referred to in the following article. This share will be one hundred percent of the share capital for commercial companies. In the case of cooperative societies and working societies, such participation must be within the maximum limits set by the different laws that apply to collaborating or associated members.

b) They are registered in the register corresponding to their legal form, as well as in the administrative register of competent insertion companies.

c) To keep in annual count, from the time of their qualification, a percentage of workers in the process of insertion, whatever the mode of recruitment of at least thirty percent during the first three years of activity and at least fifty percent of the total workforce of the insertion company, from the fourth year, the number of those not being less than two.

For the purposes of determining the indicated ratios, the accompanying technical personnel, as well as persons with a contract to replace workers in the process of insertion, shall be excluded from the calculation. Nor shall persons working under contract be counted as a result of a public tendering procedure provided for in the article. 130 of the law 9 / 2017 , of 8 of November, of Public Sector Contracts, whereby the Directives of the European Parliament and of the Council are transposed into the Spanish legal system 2014 / 23 /EU and 2014 / 24 /EU, of 26 February 2014 .

d) Not to carry out economic activities other than those of its statutory object or purpose.

e) In their statutes they must reinvest one hundred percent of the results of the available surpluses in the improvement or expansion of their productive and insertion structures, and/or increase the own funds of the insertion company, and under no circumstances must there be any distribution of profits.

f) To present annually a social balance sheet of the activity of the company that includes the economic and social memory, the degree of insertion into the regular labour market and the composition of the workforce, with data disaggregated by sex, information on the insertion tasks performed and forecasts for the next financial year.

This balance sheet will be deposited in the administrative register of competent insertion companies.

g) To have the necessary human and material resources to comply with the commitments arising from the itineraries of socio-labour insertion, whether they are their own or belong to their promoting entities.

h) To have intervention or support services that facilitate the incorporation into the regular labour market of workers exposed to factors of vulnerability and/or social exclusion or included in any of the groups referred to in the article 2 .

Characteristics of the contract

Insertion companies and working people exposed to factors of vulnerability and/or social exclusion or included in any of the groups referred to in the article 2 They may enter into a contract for the transition to ordinary employment in accordance with the rules set forth in the article 12 of the law 44 / 2007 .

The contract will have as cause the development of a personalized insertion itinerary with the content defined in the article 4 . 2 and 3 the Act 44 / 2007 aimed at incorporation into the regular labour market.

The duration of this contract may not be less than six months or more than three years. When concluded for a duration less than the maximum, it may be extended, the minimum duration of each extension being at least equal to the initial duration of the contract, and without the total duration of the contract being able to exceed the maximum duration, it is performed by the same or different insertion companies. The competent public services must report on the adequacy of the extensions for the monitoring of the insertion process.

Persons who, in the previous two years, have extinguished another contract of the same type, may not be hired through this modality, due to reaching the maximum duration provided in the previous paragraph, except in those cases in which the competent public service considers it appropriate, in view of the personal circumstances of the worker, in the event of the recurrence of the same or similar situations of vulnerability and/or social exclusion that gave rise to the contract for the transition to ordinary employment extinguished.

To this end, the insertion companies may request in writing from the competent public services a report that proves a situation of relapse to the exposure of factors of vulnerability and/or social exclusion, and that allows to overcome the impossibility of continued contracting beyond two years. Such information or administrative silence will have a liberatory value.

The contract may be concluded full-time or part-time, in this case the daily or weekly working day must be equal to or greater than half of the working day of a comparable full-time worker, in the terms established in the article 12 . 1 the consolidated text of the Workers’ Statute Act. In the event of modification of the initially agreed day, the insertion company will communicate the modification made to the competent public services.

The contract for the transition to ordinary employment, its extensions and variations will always be formalized in writing, in the model established by the State Public Employment Service and will be communicated to the competent public employment office.

The contract will be accompanied by an annex with the expression of the obligations that the parties assume in the development of the personal itinerary of insertion and the specific measures to be implemented.

In order to check the adequacy of the content of the aforementioned annex, the insertion company must deliver it to the legal representation of the working people in the terms provided in the article 8 . 4 the consolidated text of the Workers’ Statute Act.

A copy of these documents will be sent to the competent public services for the follow-up of the personalized itinerary of insertion.

Incentives

Each contract for the transition to ordinary employment will entitle a bonus in the quotation, under the terms established in the article 10 the Royal Decree-Law 1 / 2023 , of 10 January, of 73 euros/month for three years, or 147 euros/month for three years if the contract is made with people under thirty years of age, or people under thirty-five years of age who have a degree of disability equal to or greater than thirty-three percent.

Other features

Upon expiration of the time agreed in the contract, the worker shall be entitled to receive the compensation provided for in the article. 49 . 1 .c) of the consolidated text of the Workers’ Statute Act.

In this way, at the end of the contract due to the expiration of the agreed time, except in the formative contracts and the contract of duration determined by reason of substitution, the worker will be entitled to receive compensation of an amount equivalent to the proportional part of the amount that would result from paying twelve days of salary for each year of service, or that established, where appropriate, in the specific regulations that apply.

Regulations

  • Article 12 of Law 44/2007, of 13 December, for the regulation of the regime of insertion companies.
  • Law 1/2026, of 8 April, Integral of Impulse of the Social Economy.
  • Royal Decree-Law 1/2023, of 10 in January, urgent measures on incentives for hiring and improving the social protection of artists.

Requirements of Working Persons

Integration companies may employ as integration workers unemployed or in a situation of improvement of employment and registered in public employment services exposed to factors of vulnerability and/or social exclusion and, in any case, to the following:

a) Persons receiving the minimum living income and/or minimum income for integration, or any other benefit of the same or similar nature, according to the name adopted in each autonomous community; as well as the members of the cohabitation unit who benefit from such benefits.

(b) Persons who are unable to access the benefits referred to in the preceding paragraph, for any of the following reasons:

1 .º The lack of the required period of residence or registration, or for the constitution of the recipient unit.

2 .º Not reaching the minimum age required.

3 .º Have exhausted the maximum period of legally established perception.

(c) Unemployed persons who are continuously enrolled in the public employment services for two years or more than twelve months if they are over the age of forty-five, as well as persons admitted to the programme providing specific assistance known as active income for integration and who, in any case, are exposed to factors of vulnerability and/or social exclusion.

(d) Women who have the status or are beneficiaries of assistance to women victims of gender-based or sexual violence or trafficking in human beings who, as a result of specific means of refuge or for any other reason, encounter special difficulties in accessing the labour market.

(e) Young persons over the age of 18 and under the age of 30, coming from institutions for the protection of minors.

(f) Persons in the process of recovery and normalized socialization, due to a situation of personal and family breakdown, conflict with the environment or social rejection, such as drug or alcohol addiction, the exercise of prostitution, and the enforcement of custodial sentences, among others.

(g) Immigrants, beneficiaries of international protection, beneficiaries of temporary protection or returning emigrants, who meet the requirements of the current legislation on aliens, international protection or temporary protection, when, due to their characteristics or personal circumstances, they present special difficulties in integrating into the ordinary labour market.

(h) Inmates of penitentiary institutions whose penitentiary situation allows them access to employment and whose employment relationship does not fall within the scope of the special employment relationship regulated in the article 1 of the Royal Decree 782 / 2001 , of 6 in July, which regulates the special employment relationship of pensioners who carry out work activities in penitentiary workshops and the protection of Social Security of those subjected to work penalties for the benefit of the community, as well as conditionally released persons and ex-prisoners.

(i) Minors under the Organic Law 5 / 2000 , of 12 January, regulating the criminal responsibility of minors, whose situation allows them to access a job and whose employment relationship is not included in the scope of the special employment relationship referred to in the article 53 . 4 of the regulation of the aforementioned law, approved by the Royal Decree 1774 / 2004 , of 30 of July, as well as those who are in a situation of probation and ex-inmates.

(j) Persons from institutions for the protection or re-education of minors.

k) Persons from alternative accommodation centres authorized by the autonomous communities and cities of Ceuta and Melilla.

l) Persons from prevention and social inclusion services authorized by the autonomous communities and cities of Ceuta and Melilla.

(m) Persons who, because they belong to certain ethnic minorities, specifically the Gypsy population, encounter special problems of labour integration.

(n) Persons who, by reason of their unshared family responsibilities, together with other personal or family factors or deficiencies, find themselves in a situation of special vulnerability and/or social exclusion and difficulty of access to the labour market.

ñ) Homeless people.

(ñ) bis Persons coming from processes of regularization of their administrative status of residence and work, when, due to their personal characteristics or circumstances, they present special difficulties of integration into the ordinary labour market.

o) Those exposed to any other factor of vulnerability and/or social exclusion not expressly provided in this article.

The factors of vulnerability and/or social exclusion must be accredited by the competent public social services or public employment services.

For the exclusive effects provided for in the law and within the framework of labour competences, the following shall be understood:

a) Social vulnerability: a situation in which individuals, families, groups, or communities can be found due to the confluence of economic, social, relational, environmental or personal factors that increase exposure to risks and place affected persons at a social disadvantage, which can result in an increase in inequalities, limitations in the exercise of rights and/or exclusion or risk of exclusion.

(b) Social exclusion: a process whereby people are totally or partially excluded from participation in the cultural, economic, social and political life of their communities due to the accumulation of vulnerabilities and the inability to leave without support from such a situation, with the exercise of their rights being seriously limited.

c) Employment improvement situation: the situation in which the interested person can prove to be in possession of the employment improvement card issued by the employment services of the corresponding autonomous community or by the State Public Employment Service in the case of the cities of Ceuta and Melilla.

d) Homeless person: a person who does not have access, during the reference period, to accommodation that meets the commonly accepted criteria of human habitability, whether the accommodation is legally owned or rented, occupied free of charge with the permission of the owner, or under contract or other agreement of a non-temporary nature, including accommodation provided by the public sector or non-governmental organizations or by their employers.

Requirements of the company

The inclusion company shall be considered a commercial, labour or cooperative society legally constituted which, being duly qualified by the competent bodies, carries out any economic activity of production of goods and services, and whose object or statutory purpose is the integration into the ordinary labour market of workers exposed to factors of vulnerability and/or social exclusion or included in any of the groups referred to in the article. 2 of the law.

To this end, insertion companies must apply itineraries and insertion processes to workers exposed to factors of vulnerability and/or social exclusion or included in any of the groups referred to in the article 2 , provided by the public employment services and in coordination with the competent public services. These itineraries, in the preparation of which the company will participate, will have a minimum duration of six months and a maximum of three years, and must be agreed with the person in a situation of risk of exclusion or vulnerability contracted and expressly accepted by the latter.

Entities that meet the following requirements may obtain the qualification of “insertion company”:

(a) Be promoted and participated by one or more sponsoring entities referred to in the following article. This share will be one hundred percent of the share capital for commercial companies. In the case of cooperative societies and working societies, such participation must be within the maximum limits set by the different laws that apply to collaborating or associated members.

b) They are registered in the register corresponding to their legal form, as well as in the administrative register of competent insertion companies.

c) To keep in annual count, from the time of their qualification, a percentage of workers in the process of insertion, whatever the mode of recruitment of at least thirty percent during the first three years of activity and at least fifty percent of the total workforce of the insertion company, from the fourth year, the number of those not being less than two.

For the purposes of determining the indicated ratios, the accompanying technical personnel, as well as persons with a contract to replace workers in the process of insertion, shall be excluded from the calculation.

Nor shall persons working under contract be counted as a result of a public tendering procedure provided for in the article. 130 of the law 9 / 2017 , of 8 of November, of Public Sector Contracts, whereby the Directives of the European Parliament and of the Council are transposed into the Spanish legal system 2014 / 23 /EU and 2014 / 24 /EU, of 26 February 2014 .

d) Not to carry out economic activities other than those of its statutory object or purpose.

e) In their statutes they must reinvest one hundred percent of the results of the available surpluses in the improvement or expansion of their productive and insertion structures, and/or increase the own funds of the insertion company, and under no circumstances must there be any distribution of profits.

f) To present annually a social balance sheet of the activity of the company that includes the economic and social memory, the degree of insertion into the regular labour market and the composition of the workforce, with data disaggregated by sex, information on the insertion tasks performed and forecasts for the next financial year.

This balance sheet will be deposited in the administrative register of competent insertion companies.

g) To have the necessary human and material resources to comply with the commitments arising from the itineraries of socio-labour insertion, whether they are their own or belong to their promoting entities.

h) To have intervention or support services that facilitate the incorporation into the regular labour market of workers exposed to factors of vulnerability and/or social exclusion or included in any of the groups referred to in the article 2 .

Characteristics of the contract

Insertion companies and working people exposed to factors of vulnerability and/or social exclusion or included in any of the groups referred to in the article 2 They may enter into a contract for the transition to ordinary employment in accordance with the rules set forth in the article 12 of the law 44 / 2007 .

The contract will have as cause the development of a personalized insertion itinerary with the content defined in the article 4 . 2 and 3 the Act 44 / 2007 aimed at incorporation into the regular labour market.
The duration of this contract may not be less than six months or more than three years. When concluded for a duration less than the maximum, it may be extended, the minimum duration of each extension being at least equal to the initial duration of the contract, and without the total duration of the contract being able to exceed the maximum duration, it is performed by the same or different insertion companies. The competent public services must report on the adequacy of the extensions for the monitoring of the insertion process.

Persons who, in the previous two years, have extinguished another contract of the same type, may not be hired through this modality, due to reaching the maximum duration provided in the previous paragraph, except in those cases in which the competent public service considers it appropriate, in view of the personal circumstances of the worker, in the event of the recurrence of the same or similar situations of vulnerability and/or social exclusion that gave rise to the contract for the transition to ordinary employment extinguished.

To this end, the insertion companies may request in writing from the competent public services a report that proves a situation of relapse to the exposure of factors of vulnerability and/or social exclusion, and that allows to overcome the impossibility of continued contracting beyond two years. Such information or administrative silence will have a liberatory value.

The contract may be concluded full-time or part-time, in this case the daily or weekly working day must be equal to or greater than half of the working day of a comparable full-time worker, in the terms established in the article 12 . 1 the consolidated text of the Workers’ Statute Act. In the event of modification of the initially agreed day, the insertion company will communicate the modification made to the competent public services.

The contract for the transition to ordinary employment, its extensions and variations will always be formalized in writing, in the model established by the State Public Employment Service and will be communicated to the competent public employment office.

The contract will be accompanied by an annex with the expression of the obligations that the parties assume in the development of the personal itinerary of insertion and the specific measures to be implemented.

In order to check the adequacy of the content of the aforementioned annex, the insertion company must deliver it to the legal representation of the working people in the terms provided in the article 8 . 4 the consolidated text of the Workers’ Statute Act.

A copy of these documents will be sent to the competent public services for the follow-up of the personalized itinerary of insertion.

Incentives

Each contract for the transition to ordinary employment will entitle a bonus in the quotation, under the terms established in the article 10 the Royal Decree-Law 1 / 2023 , of 10 January, of 73 euros/month for three years, or 147 euros/month for three years if the contract is made with people under thirty years of age, or people under thirty-five years of age who have a degree of disability equal to or greater than thirty-three percent.

Other features

Upon expiration of the time agreed in the contract, the worker shall be entitled to receive the compensation provided for in the article. 49 . 1 .c) of the consolidated text of the Workers’ Statute Act.

In this way, at the end of the contract due to the expiration of the agreed time, except in the formative contracts and the contract of duration determined by reason of substitution, the worker will be entitled to receive compensation of an amount equivalent to the proportional part of the amount that would result from paying twelve days of salary for each year of service, or that established, where appropriate, in the specific regulations that apply.

Regulations

  • Article 12 de la Law 44/2007, of 13 December, for the regulation of the regime of insertion companies.
  • Law 1/2026, of 8 April, Integral of Impulse of the Social Economy.
  • Royal Decree-Law 1/2023, of 10 in January, urgent measures on incentives for hiring and improving the social protection of artists.

Definition

This is the situation that gives rise to the conclusion of a part-time employment contract with the worker who anticipates his or her access to retirement by a maximum of three years with respect to the ordinary age, and agrees with his or her company to a reduction in working hours and salary of between a minimum of 25% and a maximum of 75%, or between 25% and 33% in the case of anticipation of access to retirement by more than two years with respect to the ordinary age.

It also encompasses those cases covered by the fourth transitional provision no. 6 of the General law on Social security to the 31-12-2029 .

Requirements for working people

To have reached, on the date of the causal event, an age that is less than three years, at the most, to the ordinary retirement age. The individual worker get the partial retirement must be at least 60 years of age, minimum age will depend on:

  • If the scheme: 60 years of age.
  • If you do not have the status of the requirement of mutual this minimum age requirement will be implemented gradually since the year 2013 to 2027 according to the periods cotizados- from 33 years as well in cotizados- 2013 ; 61 years and one month, 2014 : 61 years 2 months, etc.

Access will be quoted periods:

  • 33 years of actual contributions.
  • 25 years, in the case of persons with disabilities in degree equal or exceed the 33 per cent.

They also call for a period of seniority in the company of at least, 6 years immediately preceding the date of the partial retirement.

Features of the contract

The implementation of this contract for part-time work and their pay will be compatible with the pension that Social security recognized working person for partial retirement extinguished, the employment relationship with the total retirement.

In order to carry out this partial retirement contract, in the case of workers who have not yet reached retirement age, the company must simultaneously enter into an employment contract with an unemployed worker, who has a fixed-term contract with the company, or a fixed-term contract may also be entered into under the terms established by regulation, in order to replace the working day left vacant by the worker who is partially retired. This employment contract, which may also be entered into to replace workers who have partially retired after reaching retirement age, will be called a relief contract.

Legislation

Requirements for working people

This type of contract is entered into with a worker registered as unemployed at the corresponding Employment Office or who has a fixed-term contract with the company, to replace a worker of the company who is taking partial retirement once he/she has reached the ordinary retirement age. It shall be entered into simultaneously with the part-time contract agreed with the latter.

Features of the contract

The contract of relay will conform to the following rules:

a) It shall be entered into with an unemployed worker or with a worker who has a fixed-term contract with the company.

b) The duration of the relief contract entered into as a consequence of a partial retirement may be indefinite or for a fixed term. In this last case its duration will be coincident with the time in which the partial retirement is maintained and, in any case, with a minimum of one year.

c) The reduction of working hours and salary of the partial retiree must be between 25% and 75 %.

d) The working hours of the relieved worker may complete the working hours of the worker or may be simultaneous with them.

e) The job position of the relieved worker may be the same or different from that of the replaced worker. In any case, there must be a correspondence between the contribution bases of both, under the terms set forth in the revised text of the General Social Security Law.

f) Collective bargaining may establish measures to promote the execution of relief contracts.

Incentives

The conversion of temporary relief contracts into indefinite-term contracts may give rise to a bonus (See: “Conversion of training and relief contracts into indefinite-term contracts with a bonus”).

Other features

The basis of Social insurance payments and other contributions collected in conjunction with that shall be composed of the payments actually received over the role of the hours or days of worked..

Legislation

Public administrations and, where appropriate, non-profit entities can make contracts related to active employment policy programmes covered by this act with the people involved in such programmes. The duration of such contracts may not exceed twelve months and, in the case of procurement conducted by Public authorities, the selection processes shall uphold the principles of equality, merit and ability.

Exceptionally, and to 31 december 2024 it may carry out these contracts with the necessary expertise for the implementation of the programs listed in the preceding paragraph

Legislation

Definition

Is considered special employment relationship of the service of the family home to arranging the owner, as an employer or the employed person who dependientemente and on behalf of that provides services paid in the area of the family home.

Characteristics of the contract

Employers may employ people workers directly or through public employment services or employment agencies duly authorized, with full guarantee of the principle of equality and non-discrimination.

The form of labour contract shall observe foreseen by the workers' statute.

The contract can be dealt with

  • .
  • In writing.

Unless proved otherwise, in the absence of the covenant writing, the employment contract is concluded by presumed indefinitely and full-time.

Either party may demand that the contract was confirmed in writing, even in the course of the employment relationship.

The person female employee must receive information on the essential elements of the contract and the main conditions for the execution of the employment benefits if they do not appear in the contract concluded in writing, in accordance with the royal decree 1659 / 1998 , 24 july, which develops article 8 ( 5 of the act on the status of workers in the field of information to the worker on the essential elements of the contract of employment.

In addition to the ends referred to in article 2 . 2 the royal decree 1659 / 1998 , 24 july, such information should include:

a) wage benefits in kind, when agreed its existence.

(b) the duration and distribution of the times of presence agreed, as well as the system of payment or compensation.

(c) the regime of the person pernoctas domestic worker in the family home, in his case.

In accordance with the additional provision third, the ministry of labour and Social Economy made available to persons employers model contracts, as well as the information necessary to implement this article.

Termination of the agreement

1 . The employment relationship of special character of the service of the family home may be terminated on grounds laid down in article 49 . 1 of the workers' statute, to apply the common labour legislation, unless otherwise incompatible with the peculiarities arising from the special nature of this relationship.

2 . Disciplinary dismissal, by written notification, for the reasons set forth in the workers' statute.

3 . Without limiting the foregoing, the employment relationship of special character may be terminated by one of the following cases, provided that they are justified:

a) decrease in income of the family unit or an increase of expenditures by circumstance illegality generally occurs.

(b) substantial modifications to the needs of the family unit to justify to remove the individual worker.

c) El comportamiento de la persona trabajadora que fundamente de manera razonable y proporcionada la pérdida de confianza de la persona empleadora.

The extinction by these cases will occur under this subparagraph.

The decision to terminate your agreement shall be communicated in writing to the person employed from home, which must include clear and unambiguous manner the will of the person of employer terminated the employment relationship for adopting this decision.

Simultaneously with the communication of extinction, the person an employer shall make available to the individual worker compensation, in amounts equivalent to salary for twelve days per year of service with the limit of six months.

In the case that the provision of services had exceeded the duration of one year, the person must give an employer notice period whose duration, computed from that shall be communicated to the individual worker decision, shall be at least twenty days. In other instances the notice will be seven days.

During the period of notice, the person that performs services full time shall be entitled, without loss of payment, to leave of six hours per week in order to find new employment.

The person an employer may replace the notice by compensation equivalent to the salaries of the said period.

4 . Of breached the requirements of the written form of communication or to provide to the compensation referred to in the preceding subparagraph shall be presumed that the person an employer has opted for the implementation of the regime extintivo of dismissal regulated in the workers' statute.

This presumption would not be applicable for non-granting of notice or forgivable error in the calculation of compensation, without prejudice to the obligation of the person an employer to pay the wages for the said period or the payment of compensation in the right amount.

5 The decision to terminate may not be carried out with respect to the employee or employee domestic between seventeen hours and eight hours of the following day, unless the extinction of the contract is motivated by severe negligence to the duties of loyalty and trust.

6 . In accordance with the additional provision third, the ministry of labour and Social Economy made available to employers models and information for proper notice of termination of employment contract with the successful people.

Incentives

Persons who have contracted or hire contract modality by any person to a worker to service the home and give it up in the General Social security system shall be entitled to a reduction of 20 % in the corporate contribution to the Social insurance payments for common contingencies for the special system for Employees of household to the said regime.

They shall also have the right to a bonus of 80 per cent in the business input to the contribution for unemployment and Wage guarantee fund in this Special System.

Those employers that contained in the General Social security system working on a person in the service of home, would be able to apply throughout the situation of high in such a regime, to a bonus of 45 by 100 or 30 by 100 in the corporate contribution to the contribution to the special system, provided that certain requirements of heritage and/or rent. This bonus will enter into force when it develops Rules.

The reduction of 20 % will be extended with a bonus to 45 per cent for large families where the employees of household serve exclusively and that ascendants or parent, in the case of single-parent family to exercise a professional activity employed or self-employed outside the home and is incapacitated for work.

These bonuses will only be applicable in respect of a single person in a domestic worker high in the General Social security system employing for every person. If there were more than one person in a domestic worker high in such a regime for every person an employer, the bonus shall be applicable only in respect of the one that appears on high in the first place.

Legislation

  • Decreto-ley Real 16 / 2022 , 6 september, for the improvement of working conditions and Social Security for working people in the service of the household.
  • Royal Decree 1620 / 2011 , 14 november, which regulates the employment relationship of special character of the service of the family home.
  • Decreto-ley Real 1 / 2023 , 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.

Requirements for working people

Working as people with disabilities with a level equal to 33 % recognized as such by the competent body, or pensioners of Social security that have recognized a permanent disability pension in the level of total, absolute or major disability pensioners, or pensioners who have recognized a retirement pension or retirement permanent incapacity for duty or futility.

Unemployed people registered in the employment office.

The working person must not have been linked to the company, enterprise group or entity in the twenty-four months prior to the recruitment through a contract for an indefinite period.

Excluded those workers who have completed their employment relationship of an indefinite nature within three months prior to the formalization of the contract, except in the case under article 8 . 2 the law 43 / 2006 , 29 december (official gazette of spain 30 december).

Features of the contract

The contract will be:

  • In writing, in formal model.
  • Duration of the twelve months and three years.
  • Extension not less than twelve months.

The contract can be dealt with in full or partial.

Requirements of the company

May not take temporarily to persons with disabilities companies that, in the last 12 months prior to recruitment, indefinite contracts have gone by dismissal recognized or subsequently dismissed or redundancies.

The exclusion period runs from the recognition or dismissal or refusal of extinction due to the redundancies.

Subsidies to be autonomous competition the requirement of compliance with requirement depends on each autonomous community, according to the Royal Decree 818 / 2021 .

Incentives

If the contract is concluded full-time, the employer shall have the right to the following bonuses:

Women who work without severe disabilities Men Women
Under 45 years 3 . 500 €/year 4 . 100 €/year
Over 45 years 4 . 100 €/year 4 . 700 €/year
People with severe disabilities Men Women
Under 45 years 4 . 100 €/year 4 . 700 €/year
Over 45 years 4 . 700 €/year 5 . 300 €/year

A deduction for the full assessment of the amount 9 . 000 euros per person/year of average increase of employees with disabilities in a level equal to 33 per cent and below 65 % employed by the taxpayer, experienced during the period of taxation, with regard to the workforce of workers of the same nature in the immediate period ahead.

A deduction for the full assessment of the amount 12 . 000 euros per person/year of average increase of employees with disabilities in a level equal to 65 % employed by the taxpayer, experienced during the period of taxation, with regard to the workforce of workers of the same nature in the immediate period ahead.

In the case of hiring time the bonus amounts will be reduced prorata depending on the established hours or in the contract.

Other features

The end of the person contract worker is entitled to compensation of twelve days' wages per year of service.

Possibility of obtaining the benefits under act 43 / 2006 , 29 september, by the transformation of indefinite temporary contract.

Legislation

  • Article 2 . 2 and additional provision 1 .ª of Law 43 / 2006 , 29 december, to improved growth and employment.
  • Law 27 / 2014 , 27 november, corporate tax base.
  • Decreto-ley Real 1 / 2023 ,of 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.
  • Royal Decree 818 / 2021 , 28 september, which governs the activation programmes for the use of the national system of Employment.

Requirements for working people

Persons who, by providing its services to meet labour within the organization of special employment centres as defined in article 42 the law on Social integration of Disabled Persons:

  • Having recognized a disability in degree equal or exceed the 33 % and, as a result, a decrease of its ability to work at least equal to or greater than those,
  • Or are pensioners on Social security that have recognized a permanent disability pension in total, absolute or great invalidad,
  • Or are pensioners pensioners who have recognized a retirement pension or retirement permanent incapacity for duty or futility.

The loss of capacity in This setting will be seen in connection with the normal capacity of a person of similar professional qualifications.

The degree of disability will be carried out by teams multiprofesionales in writing, to apply the standards set out in the relevant rules of procedure.

Characteristic of the contract

To conclude contracts special employment centres will be able to comply with any of the modalities of the fixed-term contained in the statute of workers and their implementing rules, with the exception of the contract of employment.

The alternating training contract shall comply with the provisions of Article 11 of the Workers' Statute and its implementing regulations, with the following peculiarities:

  • a) the maximum duration of the contract may be extended prior favourable report of the multi-professional Team when, because of the degree of disability and other personal circumstances and professionals working person, it had not reached the minimum level of knowledge required to perform the job, and under no circumstance could exceed six years.
  • (b) training Plan should be informed favourably by multi-professional Team.
  • (c) The global time for education will be able to reach more than two-thirds. Do not require the setting of time devoted to education when the contract is concluded with a person with psychological disabilities whose degree of disability does not enable him to develop them. When circumstances so require, the company may designate an individual worker to object to conduct monitoring and follow-up of workers with disabilities throughout the training process.
    If circumstances so require, the company may designate a worker in order to ensure the monitoring and follow-up to the workers with disabilities throughout the training process.
  • (d) with regard to Social security contributions, will apply the regime of bonuses or exemptions from contributions, in general or specific, more beneficial.
    The contract of employment contracts may be offered fixed-term under the provisions of article 15 of the workers' statute.

In order to facilitate adaptation professional working person with disabilities in the performance of the tasks which are the content of the workplace or, if any, complete the training necessary for the same, in the contracts may pactarse a period of adaptation to work, which in turn will have the character of trial period and whose duration may not exceed six months.

The need for the individual workers with disabilities through a period of adaptation to work and the conditions of This will be determined by the multi-professional Team.

In the area of working hours, breaks, holidays, vacation and permits follows the fifth section of the second chapter of title I of the workers' statute, without prejudice to the following characteristics:

  • a) in no case can be made more than eight hours actually worked.
  • (b) prohibits the performance of overtime except those necessary to prevent or redress damage and casualties.
  • (c) the individual worker notice and justification, may be absent from work to assist rehabilitation treatments médico-funcionales and to participate in actions of guidance, training and retraining, entitled to remuneration provided that such absence from work does not exceed 10 days in a half.

Requirements of the company

Are companies promoted mainly by associations of persons with disabilities and/or their families, without prejudice to any physical or legal persons may constitute one.

The main objective of these centres is labour-market integration and social council of persons with disabilities.

Of special employment Centre, companies must rely on its staff with a minimum 70 % of workers with disabilities and to request the corresponding qualification to the competent administration.

Special employment centres are companies whose main objective is to provide workers with disability as a productive and remunerative work appropriate to their personal characteristics and to facilitate the integration into the regular market.

Can be created by the public administrations, directly or in collaboration with other agencies. By entity, by individuals, legal or communities, to have legal capacity and to work to be entrepreneurs.

May be either public or private, with or without profit spirit.

It is essential to the qualification and registration Centres of the public employment service Estatal (SEPE), or, where appropriate, in the corresponding Regional Administrations.

The management is subject to the same rules affecting any business.

Incentives

The aid can receive are as follows:

1 . Subsidies in R.D. 818 / 2021 of 28 september, which governs the activation programmes for the use of the national system of Employment.

2 Bonus. 100 per cent of the company quota to Social security, including those of accidents and occupational disease and contributions of joint fund-raising.

Special employment centres may receive technical assistance to the maintenance of jobs, and may be granted ex parte or ex officio in the applicant's record so request.

3 . The Enabling units in the Professional Activity (R.D. 469 / 2006 , 21 april).

It is understood by units of support for the Professional Activity multiprofesionales teams and enclosed within the services of Personal and Social Adjustment of special employment centres, which through the development of different functions and tasks, help to overcome the barriers, obstacles or difficulties that disabled workers of these centres are in the process of admission to employment or work, as well as the right to remain in the same.

Other features

The work of the individual workers with disabilities in special employment centres must be productive and gainful employment, appropriate to the individual characteristics of the individual workers, in order to encourage their personal and social adaptation, and, if so, their subsequent integration into the regular market.

In order to ensure that work is adapted to the personal and professional characteristics of workers with disabilities and to assess the degree of alignment, professional teams reached Multiprofesionales les subject to review, at least every two years. If as a result of the review teams observed that the Multiprofesionales work (soon) the worker (now) the individual worker is a serious risk to their health, must declare the inadequacy of the same must move in that case the person to return back to another position appropriate to their characteristics within the Centre and this is not possible to cease in the delivery of services, in the conditions laid down in article 16 .

On the assumption that the risk could be established prior to the periodic review of Multi-Professional Team, the same, failing to recognise this immediately to the Multi-Professional Team.

Legislation

  • Royal Decree 1368 / 1985 , 17 july, which regulates the employment relationship of special character of the disabled to work in the Special employment centres.
  • Royal Legislative Decree 1 / 2013 , 29 november, which adopted the consolidated text of the General law on rights of persons with disabilities and their social inclusion.
  • Royal Decree 2273 / 1985 , 4 december, approving the regulations of the special employment centres as defined in article 42 the law 13 / 1982 , 7 april, of the Social integration of Disabled.
  • Agenda 16 october 1998 establishing the regulatory basis for granting aid and subsidies aimed at promoting the integration of disabled people in special centres for employment and self-employment.
  • Royal Decree 818 / 2021 , 28 september, which governs the activation programmes for the use of the national system of Employment.
  • Law 43 / 2006 , 29 december, to improved growth and employment.

Requirements for working people

Being in possession of the title of Doctor or Doctor.

Requirements of the company

These contracts will be able to celebrate the research bodies of public administrations, public universities when they are receiving funds whose fate include the recruitment of staff researcher or for the development of their own programmes of r + D + i, private universities and the catholic church when destined them funds include the recruitment of staff investigator, not-for-profit private entities carry out work in r & D activities in the terms of the additional provision 1 A law 14 / 2011 , 1 june, of science, technology and innovation, Consortia and Public Foundations of the public sector in terms of the provision adicioanl 1 A law 14 / 2011 , 1 june, of science, technology and innovation and other agencies of investigation when A.G.E. research activity and are the beneficiaries of grants and subsidies that include the recruitment of staff investigator.

Features of the contract

The purpose of the contract will be primarily the responsibility for undertaking research, development, transfer of knowledge and innovation-oriented research by a high level of sophistication and professional specialization, leading to the consolidation of a professional experience.

The contract shall be fixed-term and full-time.

The duration of the contract will be at least three years, and may be extended to the maximum limit of six years. The extensions may not be less than a year.

No person employee may be contracted through this modality, at the same or different entity, for a while longer than six years, including possible extensions, except in the case of persons with disabilities for workers, where time may not exceed eight years.

The return of these researchers may not be less than that applicable to staff investigator to perform similar activities.
These staff investigator will be able to provide complementary partnerships in teaching associated with the proposed research up 100 annual hours.

Legislation

  • Article 22 of the Law 14 / 2011 , 1 june, of science, technology and innovation.

Requirements for working people

Being in possession of the degree of master architect, engineering, university graduate with level of at least 300 credits ECTST ((European Credit Transfer System), or master's degree, or equivalent and have been admitted to a phd degree. These staff will be regarded as a researcher staff received training.

Features of the contract

The contract will be formalized in writing between staff received training in research as a worker and the public university or investigative agency holder research unit as an employer and should be accompanied by written of admission to a phd programme issued by the unit responsible for this programme, or by the school of postgraduate master's degree or in his case.

The contract shall be fixed-term full-time.

The duration of the contract may not be less than one year or more than four years. When completed by less than four years may be extended thereafter under no circumstance extensions may have less than a year.

In any case the original contract more extensions may not exceed four years.

In the case of persons with disabilities on the contract may achieve a maximum duration of six years, prorrogas included, taking into account the characteristics of the research activity and the impact of the extent of limitations in the development of the activity, prior favourable report of the public employment service, that these effects may seek report of the technical teams of valuation and guidance of disability organizations.

When the contract is extended, and the individual worker will continue to develop the activities subject to the same, shall be extended automatically, unless the evaluation report unfavorable motivated issued by the commission's academic phd programme, or if any of the school, until they complete their maximum duration.

The staff received training in investigator may not be recruited through this modality, at the same or different entity, by detention beyond the maximum extent of four or six years in certain cases.

Without prejudice in the paragraphs above, on the assumption that, having been recruited as the worker under this modality, long time to the maximum of four years, or six in the case of persons with disabilities, is less than one year, may be concluded the contract, or its extension, for the time is up to the maximum amount established in every case.

The situations of temporary incapacity, risk during pregnancy or risk during breastfeeding, maternity, adoption, custody for adoption or fostering and paternity leave, suspended the computation of the contract period. We also suspended the conditions set out in article 45 . 1 .n) of the consolidated text of the law of the workers' statute, as a measure of protection of women victims of gender-based violence.

The remuneration of this contract may not be less than the 56 by 100 set for wage categories equivalents in the collective agreements of its scope of application during the first two years, 60 by 100 during the third year, and 75 by 100 during the fourth year. Nor can it be less than the minimum wage is established each year, according to article 27 the consolidated text of the law of the workers' statute.

For the establishment of the previous payments will be used as minimum reference category for the Working Group 1 employment of staff of the wage table contained in the convention Only with labour of the General state administration.

Incentives

The recruitment of staff investigator in the form of contract law, shall be received during the period of the contract, including its extensions, to a bonus of 115 euros per month.

Legislation

Requirements for working people

Be in prison as punishable.

Features of the contract

The employment relationship shall be in accordance with the royal decree 782 / 2001 , 6 july.

The duration will coincide with the work site or the service may require.

In the official form, established for such purpose and forwarded to the public employment service within 10 days following its conclusion.

Requirements of the company

State Entity Prison Work and training for employment or autonomous Body.

Incentives

Bonus 65 per cent of contributions, covering the same, by the concepts of joint fund-raising, training and Wage guarantee fund.

Moreover, business quotas for common contingencies that are identified for these workers will be a bonus of 45 percent. If the bonuses you may be established or set for labour relations of special character, is justified by those that are most beneficial.

Legislation

  • Royal Decree 782 / 2001 , 6 july, which regulates the employment relationship of special character of the prisoners who perform work in prison and the Social security protection for persons who perform community service.
  • Additional provision 23 the consolidated text of the General law on Social security adopted by the Royal Legislative Decree 8 / 2015 .

Requirements for working people

The juveniles who have legally established working age are entitled to paid work, within the availability of the public agency, and social benefits legally them.

Requirements of the company

Shall be a person employer competent public body or the person or legal entity with which it has established the timely concert, without prejudice to the joint and several liability of the public agency, in respect of breaches in regard to wages and Social security.

To this end, the public entity shall carry out the activities necessary to enable such children to develop work remunerated productive within or outside the centres, according to the type of placement.

The employment relationship of detainees to be developed outside the centres and is subject to a straightforward procurement system with employers is regulated by the common labour legislation, without prejudice to the supervision and in the development of these contracts can be undertaken by the competent public body on its adequacy with the implementation of the measure.

Productive work to develop specific centres for juvenile offenders will be conducted by the competent public body, either directly or through natural or legal persons with those established concerts.

Features of the contract

Caregivers of children 18 years of age they are the following rules apply:

  1. May not perform night work or activities or jobs prohibited for minors.
  2. May not perform overtime.
  3. Can not make work more than eight hours a day cash, including, where appropriate, time spent on training and work, whether for several employers, carried out for each of them.
  4. Whenever the working hours continued daily exceeds four hours, and shall be a period of rest during the day did not less than 30 minutes.
  5. The duration of the weekly rest must be of at least two days without interruptions.
  6. Where appropriate, subject to regulations may establish other specialties that are deemed necessary in connection with existing rules to convicted prisoners.

In any case, the work they perform detainees will have as an essential aim enter the labour force, as well as their integration in the labour market. For this purpose, employment practice will be complemented by courses in vocational occupational or other programmes to enhance their competence and ability to work and promote their future professional employment.

I will apply the rules and regulations of the special employment relationship of the prisons and Social security protection established in the legislation in force for minors.

Legislation

  • Organization Act 5 / 2002 , 19 june, the qualifications and vocational training.
  • Royal Decree 1774 / 2004 , 30 july, approving the regulations of the organic law 5 / 2000 , 12 january, which regulates the criminal liability of minors.
  • Royal Decree 782 / 2001 , 6 july, which regulates the employment relationship of special character of the prisoners who perform work in prison and the Social security protection for persons who perform community service.

Features of the contract

Held with a group of people regarded as a whole.

The company will not address each of its members to the rights and duties as such its purview.

The head of the group ostentara representation of members, the obligations inherent in such representation.

The contract may be oral or written.

Its duration may be time-bound.

The contract shall be communicated to the public employment service within ten days and shall convene in the same time limit if verbal.

Legislation

Definition

Considered top management personnel to those workers exercising powers inherent in legal title of the company, and those related to the general objectives of the same with autonomy and full responsibility only limited by the criteria and direct instructions emanating from the person or of the higher echelons of government and administration of the entity that respectively address that title.

Features of the contract

Will be formalized in writing, in exemplary doubled, one for each contracting party. In the absence of the covenant writing, the employee is personal de alta dirección when cases of article 8 . 1 . of the statute of workers and ensuring appropriate professional that defines the article 1 . 2 the royal decree. 1382 / 1985 , 1 august, which regulates the employment relationship of special character of upper management.

Shall be conducted a trial period in no case exceed nine months, if its duration is undefined.

The trial period has expired without having had discontinuance, the contract will produce its full effects objector liable, the time of the services provided in the age of the worker in the company.

The contract will have the time the parties agree.

The day, timetables, parties and permits, as well as for holidays, shall be set in the terms of the contract, insofar as they do not configure allowances provided by the employee who exceed notoriously of those that are often in the field.

Legislation

Any other employment relationship that cannot be included in any of those defined in this guide.

(To be abolished since 1 / 1 / 2013 , provision repeal only law 27 / 2011 , 1 august, except for cases indicated)

Definition

This agreement is aimed at the recruitment of persons unemployed workers instead of working people its that look ahead of ordinary retirement age of sixty-five to sixty-four years.

This measure to promote employment lapse in accordance with the provision mentioned above, with the exception of the following circumstances in accordance with the final provision 10 . 2 the law 27 / 2011 , 1 august.

It will continue to apply the regulation of pension, in its various forms, requirements and conditions and rules of determination of allowances, in force before the entry into force of the act, retirement pensions that are prejudicial before january 2019 in the following circumstances:

  • a) persons whose employment relationship has expired before the publication of law 27 / 2011 , 1 august.
  • (b) persons with employment relationship suspended or terminated as a result of decisions taken in cases in employment regulations, or through collective agreements in any field and/or collective agreements, as well as decisions taken at tender procedures, approved or signed prior to the date of issuance of this law, regardless of that termination have arisen prior or subsequent to the 1 january 2013 .
  • (c) those who have acceded to the partial retirement pension prior to the date of issuance of this law, as well as those incorporated before the date of publication of this act to partial retirement plans, as defined in collective agreements in any field or collective agreements of companies, regardless of that access to the partial retirement occurred before or after the 1 january 2013 .

Features of the contract

They will last at least one calendar year.

The person who stops working to indulge you not exceeding one year to reach of ordinary retirement age.

The replacement contract shall be conducted under any of the contractual arrangements, except part-time and the manner provided for in article 15 . 1 .b) of the workers' statute (eventual by circumstances of production).

Will be formalized in writing, which must be recorded in the same on behalf of the individual worker who was replaced.

The contract shall within 10 days following its conclusion to the public employment service, shall be retained where one copy; another copy of the contract will be delivered to the worker retires, for submission to the operator to which the recognition of the right to pension benefits.

Other features

In the cases in which covered the implementation of reduction coefficients of the minimum age of sixty-five years, recycling rates are applicable to the age of sixty-four years.

If during the duration of the contract is the cessation of the individual workers, the company is obliged to replace it, within fifteen days, on the other person for the unemployed worker - time to achieve the minimum duration of the contract, except the case of force majeure.

Upon default, the company must pay on the operator the amount of the pension benefit earned up to the cessation of the worker contracted.

Legislation

  • Law 27 / 2011 , 1 august, on updating, adaptation and modernisation of Social security system.

Catalog of publications of the General State Administration

http://publicacionesoficiales.boe.es

Edition done by the public employment service State
Countess of Venadito, 9 . 28027 Madrid

NIPO: 120-24-037-1

Updated as of April 2025