INDEFINITE CONTRACTS

Definition

Is he that does not establish time limits in the provision of services, as for the duration of the contract.

The permanent employment contract may be verbal or written.

The permanent employment contract may be full time, partial or fixed services discontinuous.

Specific clauses

Indefinite contracts can in some cases be beneficiaries of incentives for hiring, when they meet the requirements in each case required by the regulation of application, depending on the characteristics of the company, of the worker and, in its case, of the day.

Formalization

Its formalization can be verbal or written. In the case of employment relationship indefinite, must be in writing: under the programme for promoting employment, when required by a legal provision and, in any case, part-time contracts, fixed discontinuous and relay, workers working distance and recruited in Spain at the service of Spanish companies abroad. As well as contracts of fishermen.

Not to be seen the formalization in writing when it is earned, the contract is presumed held indefinitely and full time, except evidence to the contrary to prove their temporary nature or character part time of services, as laid down in Article 8 . 2 the status of the workers. In any case, either party may require that the contract is formalised in writing even during the course of the employment relationship.

Will become permanent staff, anyone who has been the mode of recruitment, which have not been registered in Social security, after a period equal to that legally could set for the trial period, unless the nature of activities or contracted services is clear the temporary duration of the same, without prejudice to any other responsibilities, in law.

The content of the contract is communicated to the public employment service State within the 10 days after its conclusion.

When you formalize the contract with a worker with disabilities will be formalised contract in writing in quadrupled copy, in formal model. The contract shall be accompanied request for high in the corresponding regime of Social security, as well as the certificate of disability.

When it comes to work discontinuous fixed contract necessarily must be in writing in the model to establish, and it should contain the indication of the estimated duration of the activity, as well as on the form and the order of call to establish a collective agreement applicable, stating equally so guidance, the estimated workday and their schedule distribution.

In the case of workers at a distance in the contract must be included the place where the delivery takes place. The agreement establishing teleworking should be formalised in writing. Whether the agreement was established in the initial contract as if it were later, will apply the rules contained in Article 8 . 4 the status of the workers basic for the copy of the employment contract.

If this contract is part-time in the contract must include the number of normal working hours a day, a week, a month or year hired and distribution. Not to be seen these demands, the contract is presumed held full time, unless proved otherwise showing the partial character of services and the number and distribution of contracted hours.

Conversions of temporary contracts in indefinite time may be held with full-time, part-time or fixed and should be formalized discontinuous written and like the original contracts, in the model that provides the public employment service state and will be communicated to the public employment service within 10 days to its conclusion.

Rules

  • Right Legislative Decree 2 / 2015 , 23 October, which approves the consolidated text of the law of the status of workers. [BOE consolidated legislation]
  • Royal Decree 1424 / 2002 , 27 December, regulating the communication of the content of employment contracts and its basic copies to public employment services, and the use of telematic media under it. [BOE]

In this contract governs the established in general for indefinite contracts, without leading its holding the establishment of specific content within specific clauses, not entitle no incentive for recruitment.

Rules

  • Right Legislative Decree 2 / 2015 , 23 October, which approves the consolidated text of the law of the status of workers. [BOE consolidated legislation]
  • Royal Decree 1424 / 2002 , 27 December, regulating the communication of the content of employment contracts and its basic copies to public employment services, and the use of telematic media under it. [BOE]

Be registered in the public employment service.

Las empresas que hayan extinguido o extingan por despido reconocido o declarado improcedente o por despido colectivo contratos bonificados quedarán excluidas por un período de doce meses de las bonificaciones establecidas en este programa.

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

Men Women
Under 45 years 4 . 500 €/year 5 . 350 €/year
Over 45 years 5 . 700 €/year 5 . 700 €/year
Workers with severe disabilities Men Women
Under 45 years 5 . 100 €/year 5 . 950 €/year
Over 45 years 6 . 300 €/year 6 . 300 €/year

If the recruitment is made part-time, the amount of bonus up to the provisions of article 2 . 7 the law 43 / 2006 , 29 december formulations, according to article 6 .Dos of law 27 / 2009 , 30 december (official gazette of spain 31 december).

The company, in order to bonificarse in the company quota, will have to fulfil the legal requirements 43 / 2006 , 29 december (official gazette of spain 30 december).

Grant * for the adaptation of jobs, removal of barriers or endowment of means of protection personnel 901 , 52 euros.

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.

* Las subvenciones por la contratación de personas con discapacidad es competencia de las comunidades autónomas, excepto en el caso de la ciudades autónomas de Ceuta y Melilla. Es importante que antes de formalizar el contrato de trabajo, en el supuesto que se vaya a solicitar subvención, informarse previamente en el servicio público de empleo de su comunidad autónoma, para determinar si la presentación de la oferta de empleo, en la oficina correspondiente, fuera requisito exigido para acceder a la citada subvención.
Subsidies to be autonomous competition the requirement of compliance with requirement depends on each autonomous community.

Responsibilities

In the case of the receipt of subsidy:

The beneficiary enterprises be forced to maintain the stability of these workers for a minimum period of three years and, if voluntary cessation, or dismissal from termination for factual reasons should be replaced by other workers with disabilities.

En caso de incumplir esta obligación la empresa deberá reintegrar las cantidades correspondientes al periodo de incumplimiento; este reintegro de cantidades debe limitarse a la subvención recibida, no estando obligada a devolver cantidad alguna por las bonificaciones disfrutadas hasta el momento. La devolución de la cantidad correspondiente por la subvención será la parte proporcional al tiempo durante el cual el trabajador no está en la plantilla de la empresa, es decir, el tiempo que resta desde la fecha del cese voluntario, despido procedente o extinción de la relación laboral por causas objetivas. En el supuesto de despido improcedente la devolución será por la totalidad de la cantidad de subvención recibida.

Legislation

  • Royal Decree 1451 / 1983 , 11 may, by which pursuant to law 13 / 1982 , 7 april, regulates the selective application or the employment of handicapped persons. [BOE consolidated legislation]
  • Article 57 chapter II of the law 46 / 2002 , 18 december, concerning partial amendment to the income tax of natural persons and amending the laws of the corporate tax and income tax of [non-residents.BOE]
  • Royal Decree 170 / 2004 , 30 january, amending the Royal Decree 1451 / 1983 , 11 may, by which pursuant to law 13 / 1982 , 7 de abril, se regula el empleo selectivo y las medidas de fomento del empleo de los trabajadores minusválidos. [BOE]
  • Law 43 / 2006 , 29 december, to improved growth and employment. [BOE consolidadada legislation]
  • Law 27 / 2014 , 27 november, corporate tax base. [BOE consolidated legislation]

Requirements of workers

The decline of the working capacity will be judged putting It in relation to the normal working capacity of a person of similar professional qualification.

The degree of disability will be carried out by multidisciplinary teams in writing, and apply the standards set out in the corresponding regulatory norm.

Be registered in public service jobs.

The worker must not have been linked to the company, group of companies or entity in the twenty-four months prior to recruitment through a contract indefinitely.

Excluded workers who have completed their working relationship undefined character within three months prior to the formalization of the contract, except in the course under Article 8 . 2 the law 43 / 2006 , 29 December (BOE of 30 December).

This exclusion does not apply when it comes to workers with special difficulties in the labour market. To this end, will exist such special difficulties when the worker is included in any of the following groups:

  • to) people with cerebral palsy, people with mental illness or people with intellectual disabilities, with a degree of disability recognized equal to or greater than 33 by 100 .
  • (b) People with physical disabilities or sen soria l, with a degree of disability recognized equal to or greater than 65 by 100 .

Characteristics of the contract

To conclude contracts special employment centres may be undefined character with the exception of the employment contract remotely.

Regarding the Social security contributions, apply the regime of bonuses or exemptions of quotas that, in general or specific, is more beneficial.

In order to facilitate adaptation professional disabled worker for the performance of the tasks that constitute the content of your job or, in their case, complete the training necessary for the same, in contracts may be worked a period of adaptation to work which, in turn, will be the character of trial period and whose may not exceed six months.

The need for the disabled worker undergoes a period of adaptation to work and conditions of It will be determined by the professional Team.

In terms of working day, breaks, holidays, vacations and permits will be section 5th in the second chapter of the title I of the status of workers, without prejudice to the peculiarities:

  • to) prohibits overtime except the necessary to prevent or repair casualties and other damage extraordinary.
  • (b) the worker, notice and justification, may be absent from work to attend médico-funcionales rehabilitation treatments and to participate in actions of guidance, training and retraining, with a right to remuneration provided that such absences do not exceed 10 days in a semester.

Requirements of the company

Companies are promoted mainly by associations of people with disabilities and/or their families, without prejudice to any natural or legal person may constitute one.

The main objective of these centres is labour integration and therefore social disabled.

To obtain the qualification of Special Centre of employment, companies must rely on your template with a minimum of 70 % of workers with disabilities and apply for qualification to the competent authority.

Los Centros Especiales de Empleo son empresas cuyo objetivo principal es el de proporcionar a los trabajadores con discapacidad la realización de un trabajo productivo y remunerado, adecuado a sus características personales y que facilite la integración laboral de éstos en el mercado ordinario de trabajo.

Can be created by public administrations, directly or in collaboration with other agencies. By Entities, by individuals, legal or communities of property, who has legal capacity and work to be entrepreneurs.

May be either public or private, with or without spirit of lucre.

It is essential qualification and registration of public service Centres state employment (SEPE), or, in their case, in the corresponding Autonomous administrations.

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

May request the benefits listed below special employment centres hiring workers with disabilities indefinitely full or part time.

Be aware in fulfilling their tax obligations and Social security, both at the date of high of workers as during the implementation of the corresponding bonuses. if during the period of bonus there is a lack of income in due time of these obligations will be automatically lost bonuses settled in this programme, respect of assessed contributions for periods not placed in this period, taking into account that period as consumed for the computation of the maximum bonus.

Not having been excluded from access to the benefits derived from the application of employment programmes for very serious offences prescribed not, in accordance with Article 46 . 2 the law on infringements and sanctions in the Social order, Consolidated Text approved in the Royal Legislative Decree 5 / 2000 , 4 August.

Los Centros Especiales de Empleo que hayan extinguido o extingan por despido reconocido o declarado improcedente o por despido colectivo contratos bonificados quedarán excluidas por un período de doce meses de las bonificaciones establecidas en este programa.

Companies must apply for disabled workers of the corresponding employment office.

Incentives

The aid that can receive consist of:

1 . To partially fund projects generating jobs (creation of centres or extension. The Ministerial Order of 16 October 1998 ). Grants:

  • 12 . 020 , 24 euros per job created in a stable, if the CEE exceeds the 90 % of workers with disabilities on the total of your template, or
  • 9 . 015 , 18 euros per job created stable if the number of workers with disabilities from CEE falls between the 70 % and 90 % of the total workforce.

It may grant previous grants provided that the special employment center properly justified investment involved in the project for some or all of the following actions:

  • Grant for technical assistance (feasibility studies, audits …).
  • Partial subsidy of interest loans of up to 3 points of interest.
  • Grant for fixed investment in projects of social interest recognized.

2 . Apoyo al mantenimiento de puestos de trabajo en CEE (Orden Ministerial de 16 October 1998 ).

Las ayudas para el mantenimiento de puestos de trabajo en Centros Especiales de Empleo, consisten en:

  • Bonus of 100 % of the company quota to Social security, including those of occupational accidents and occupational disease and joint quotas.
  • Grants of wage costs for an amount of 50 % of the minimum wage. In the case of contract of part-time work, the grant will experience a reduction proportional to the workday done.
  • Subvención del coste salarial en el caso de discapacidad severa (serán por un importe del 55 % of the minimum wage).
  • Grants for adaptation of jobs and elimination of architectural barriers in amounts not exceeding 1 . 803 , 04 euros per job.
  • Grant, once, designed to balance and clean up financially to the special employment centres.
  • Grant addressed to balance the budget of those special employment centres without profit spirit and are of public utility and indispensability.

Special employment centres may receive technical assistance to the maintenance of jobs and may be granted ex parte or automatically when the study of the file so demands.

3 . Support for support units to the Professional Activity (R.D. 469 / 2006 , 21 April).

Is understood by units of support for the Professional Activity the multidisciplinary teams, framed within services of Personal and Social Adjustment of special employment centres, through the development of different functions and committed, help to overcome the barriers, obstacles and difficulties that disabled workers of these centres are in the process of incorporation into a job, as well as the stay in the same.

Other features

The work of the worker with disabilities in special employment centres must be productive and remunerative, adapted to the individual characteristics of the worker, in order to promote their personal and social adaptation, and to facilitate, in its case, their subsequent labour integration in the regular labour market.

In order to ensure that the work fits at all times to the personal and professional characteristics of the worker with disabilities and to assess the degree of professional adaptation reached, the Multidisciplinary Teams are subject to revision at least every two years. If, as a result of the revision of the aforementioned Multidisciplinary Teams observe that the work performed by the worker poses a serious risk to their health, must declare the inadequacy of the same, spending in that case the worker to another post suited to their characteristics within the Centre and if this is not possible cease in the provision of services, under the conditions laid down in Article 16 .

On the assumption that the risk was found prior to the regular review of the Professional Team will be in the same way, realised this immediately the Professional Team.

Rules

  • Royal Decree 1368 / 1985 , 17 July, which regulates the employment relationship of special character of disabled people working in special employment centres. [BOE consolidated legislation]
  • Royal Decree 427 / 1999 , 12 March, amending the royal decree 1368 / 1985 , 17 July, which regulates the employment relationship of special character of disabled people working in special employment centres. [BOE]
  • Right Legislative Decree 1 / 2013 , 29 November, which approves the consolidated text of the General law rights of persons with disabilities and their social inclusion. [BOE]
  • Royal Decree 2273 / 1985 , 4 December, which approves the regulations of special employment centres as defined in article 42 the law 13 / 1982 , 7 April of Social integration of Disabled [BOE] (current article 43 of the Royal Legislative Decree 1 / 2013 , 29 November, which approves the consolidated text of the General law rights of persons with disabilities and their social inclusion [BOE consolidated legislation]).
  • Order of 16 October 1998 by which establishes the rules for the granting of aid and public subsidies aimed at building labour integration of disabled people in special centres of employment and self-employment. [BOE]

Requirements of workers

Proceed in an enclave labour and be voluntary redundancy in the Special Centre of employment.

Belong to any of the following (as defined in Article 6 the royal decree 290 / 2004 , 20 February):

  • to) people with cerebral palsy, persons with mental illness or intellectually disabled persons with a disability degree recognized equal to or greater than 33 %.
  • (b) people with physical disabilities or sen soria l with a degree of disability recognized equal to or greater than 65 %.
  • c) Las mujeres con discapacidad no incluidas en los párrafos anteriores con un grado de discapacidad reconocido igual o superior al 33 %.

The worker must not have been linked to the company, group of companies or entity in the twenty-four months prior to recruitment through a contract for an indefinite period or in the past six months through a fixed-term contract or temporary contract or through a formative, baton or replacement for retirement.

May be either public or private, with or without spirit of lucre.

Be company collaborator and collect the requirements established in the Royal Decree 290 / 2004 , 20 February (BOE of 21 February).

Companies that have become extinct or extinct by dismissal recognized or declared inadmissible or collective redundancy shall be excluded bonus contracts for a period of twelve months of bonuses established in this program.

Incentives

The company collaborator who hires a worker enclave of collective who belongs to the group) or (b) shall have the following amounts:

  • Grant of 7 . 814 euros for each work contract held full-time. If the contract outside part-time, the grant will be reduced proportionally according to the working day refreshments.
  • Grant for adaptation of job and removing barriers in accordance with the royal decree 1451 / 83 , 11 May, modified by the Royal Decree 170 / 2004 , 30 January.

If the company collaborator hires a worker in the enclave collective that belongs to the group (c), has the right to the following amounts:

  • Grant of 3 . 907 euros for each work contract held full-time. If the contract outside part-time, the grant will be reduced proportionally according to the working day refreshments.
  • Grant for adaptation of job and removing barriers in accordance with the royal decree 1451 / 83 , 11 May, modified by the Royal Decree 170 / 2004 , 30 January.

Quotas bonus corporate Social security:

If this contract is full-time, the company has the right to the following bonuses:

Workers without discapacdad severe Men Women
Below 45 years 4 . 500 €/year 5 . 350 €/year
Over 45 years 5 . 700 €/year 5 . 700 €/year
Severely disabled workers Men Women
Below 45 years 5 . 100 €/year 5 . 950 €/year
Over 45 years 6 . 300 €/year 6 . 300 €/year

If the recruitment is made part-time, the amount of the bonus up to Article 2 . 7 the law 43 / 2006 , 29 December (BOE of 30 December), according to language given by Article 6 . 2 the law 27 / 2009 , 30 December (BOE of 31 December).

The company obligations

The beneficiary enterprises will be obliged to maintain stability of these workers for a minimum period of three years and, in case of dismissal from, should be replaced by other workers with disabilities.

Be aware in fulfilling their obligations tax and Social security.

Other features

As not provided in the Royal Decree 290 / 2004 , 20 February, it will apply to the collaborating companies and these contracts the regime on requirements and exclusions, as well as obligations including the maintenance of stability in the employment of workers, applicable to aid regulated in the Royal Decree 1451 / 83 , 11 May, modified by the Royal Decree 170 / 2004 , 30 January.

Rules

  • Royal Decree 1451 / 1983 , 11 May, which as provided by law 13 / 1982 , 7 April, regulates selective employment or measures of promoting employment for disabled persons. [BOE consolidated legislation]
  • Royal Decree 170 / 2004 , 30 January, amending the royal decree 1451 / 1983 , 11 May, which as provided by law 13 / 1982 , 7 April, regulates selective employment and measures to promote employment for disabled persons. [BOE]
  • Royal Decree 290 / 2004 , 20 February, which regulates the work enclaves as a measure of employment of disabled persons. [BOE consolidated legislation]
  • Law 43 / 2006 , 29 December, for the improvement of growth and employment. [BOE consolidadada legislation]

Requisitos de los trabajadores

Ser persona con capacidad intelectual limite inscritas en los Servicios Públicos de Empleo como demandantes de empleo no ocupados  que acrediten oficialmente , según los baremos vigentes de valoración de  la situación de discapacidad al menos de un 20% de discapacidad intelectual y que no alcancen  el 33%.

Quedan excluidos los trabajadores/as que hayan finalizado su relación laboral de carácter indefinido en un plazo de tres meses previos a la formalización del contrato, excepto en el supuesto previsto en el artículo 8.2 de la Ley 43/2006, de 29 de diciembre (BOE de 30 de diciembre).

El trabajador/a no tendrá relación de parentesco por consanguinidad o afinidad hasta el 2º grado inclusive, con el empresario o con quienes ostenten cargos de dirección o sean miembros de los órganos de administración de las sociedades, así como con las contrataciones que se produzcan con estos últimos. No será de aplicación esta exclusión cuando el empleador sea un trabajador autónomo sin asalariados y contrate a un solo familiar menor de 45 años que no conviva en su hogar ni esté a su cargo. Ni en el supuesto de los hijos del trabajador autónomo menores de 30 años que trabajen con él, tanto si conviven como si no conviven.

El trabajador/a  no debe haber estado vinculado a la empresa, grupo de empresas o entidad en los 24 meses anteriores a la contratación mediante contrato indefinido o en los últimos 6 meses mediante un contrato de duración determinada o temporal o mediante un contrato formativo, de relevo o de sustitución por jubilación.

Quedan excluidos los trabajadores/as  que hayan finalizado su relación laboral de carácter indefinido en un plazo de tres meses previos a la formalización del contrato. Esta exclusión no se aplicará cuando la finalización del contrato sea por despido reconocido o declarado improcedente, o por despido colectivo, excepto en el supuesto previsto en el artículo 8.2 de la Ley 43/2006, de 29 de diciembre (BOE de 30 de diciembre).

Características del contrato

Los contratos objeto de las ayudas que se indican en el apartado de incentivos tendrán que realizarse con carácter indefinido, incluida la modalidad de fijos discontinuos, mediante contrataciones a tiempo completo o a tiempo parcial.

Requisitos de la empresa

Podrán solicitar los beneficios que a continuación se indican las empresas y los trabajadores y trabajadoras  autónomos que contraten trabajadores con capacidad intelectual limite por tiempo indefinido a jornada completa o parcial, así como las cooperativas de trabajo asociado que incorporen trabajadores con capacidad intelectual limite como socios y socias y cumplan los requisitos siguientes:

Hallarse al corriente en el cumplimiento de sus obligaciones tributarias y de Seguridad Social tanto en la fecha de alta de los trabajadores como durante la aplicación de las bonificaciones correspondientes. Si durante el periodo de bonificación existe una falta de ingreso en plazo reglamentario de dichas obligaciones, se producirá la perdida automática de las bonificaciones reguladas en el presente Programa, respecto de las cuotas correspondientes a periodos no ingresados en dicho plazo, teniéndose en cuenta dicho periodo como consumido para el computo del tiempo máximo de bonificación.

No haber sido excluidos del acceso a los beneficios derivados de la aplicación de los programas de empleo por la comisión de infracciones muy graves no prescritas, todo ello de conformidad con lo previsto en el artículo 46.2 de la Ley sobre Infracciones y Sanciones en el Orden Social, Texto Refundido aprobado en el Real Decreto Legislativo 5/2000, de 4 de agosto.

Las empresas que hayan extinguido o extingan por despido reconocido o declarado improcedente o por despido colectivo contratos bonificados quedarán excluidas por un período de doce meses de las bonificaciones establecidas en este programa.

Incentivos

  • Subvención* de 2000 euros por cada contrato celebrado a tiempo completo.
  • Cuando el contrato por tiempo indefinido se concierte a tiempo parcial, la subvención de 2000 euros se reducirá proporcionalmente a la jornada pactada.

Bonificación de las cuotas empresariales de la Seguridad Social:

  • 125 euros/mes (1500euros/año) durante 4 años
  • Si la contratación se realiza a tiempo parcial, la cuantía de la bonificación corresponderá a lo establecido en el artículo 2.7 de la Ley 43/2006, de 29 de diciembre, según redacción dada por el artículo 6.Dos de la Ley 27/2009, de 30 de diciembre (BOE de 31 de diciembre).
  • Subvención* para la adaptación de puestos de trabajo, eliminación de barreras o dotación de medios de protección personal hasta 901,52 euros.

* Las subvenciones al ser competencia autonómica la exigencia del cumplimiento del requisito depende de cada comunidad autónoma.

Obligaciones de la empresa

En el caso de haber recibido subvención:

Las empresas beneficiarias estarán obligadas a mantener la estabilidad de estos trabajadores por un tiempo mínimo de tres años y, en caso de cese voluntario, despido procedente o extinción de la relación laboral por causas objetivas deberán sustituirlos por otros trabajadores con discapacidad.

En caso de incumplir esta obligación la empresa deberá reintegrar las cantidades correspondientes al periodo de incumplimiento; este reintegro de cantidades debe limitarse a la subvención recibida, no estando obligada a devolver cantidad alguna por las bonificaciones disfrutadas hasta el momento. La devolución de la cantidad correspondiente por la subvención será la parte proporcional al tiempo durante el cual el trabajador no está en la plantilla de la empresa, es decir, el tiempo que resta desde la fecha del cese voluntario, despido procedente o extinción de la relación laboral por causas objetivas. En el supuesto de despido improcedente la devolución será por la totalidad de la cantidad de subvención recibida.

Normativa

  • Real Decreto 1451/1983, de 11 de mayo, por el que en cumplimiento de lo previsto en la Ley 13/1982, de 7 de abril, se regula el empleo selectivo o las medidas de fomento del empleo de los trabajadores minusválidos. [Permalink ELI]
  • Ley 43/2006, de 29 de diciembre, para la mejora del crecimiento y del empleo. [Permalink ELI]
  • Real Decreto 368/2021, de 25 de mayo, sobre medidas de acción positiva para promover el acceso al empleo de personas con capacidad intelectual limite. [Permalink ELI]
  • Real Decreto-Ley 11/2021, de 27 de mayo, sobre medidas urgentes para la defensa del empleo , la reactivación económica y la protección de los trabajadores autónomos(disposición final primera). [Permalink ELI]

Requirements of workers

Unemployed and registered in the employment office at least 12 months 18 previous to recruitment.

Characteristics of the contract

Indefinitely full or part-time.

Requirements of the company

The company will keep the worker hired employment at least 3 years since the start date of the employment relationship. Furthermore, it must maintain the level of employment in the company reached with the contract for at least two years since the same. In case of breach of these obligations should proceed to the return of incentive.

Consider not broken maintenance obligations of previous job when the contract is terminated by objective reasons or disciplinary dismissal where either be declared or recognized as appropriate, nor extinctions caused by resignation, death, retirement or permanent total incapacity absolute or major disability of workers or the expiry of the agreed time or execution of the work or service object of the contract, or by resolution during the trial period.

As not covered by this provision shall apply the provisions of section I of chapter I of the law 43 / 2006 , 29 December, for the improvement of growth and employment, except as provided for in Article 2 . 7 .

Incentives

Bonus of the company quota to Social security:

  • Men: 1300 €/year.
  • Women: 1500 €/year.

If this contract is part time bonuses were enjoyed proportionate to the working day pacted in the contract.

Duration

3 years

Rules

  • Decreto-ley Real 8 / 2019 , 8 March, urgent measures of social protection and fight against precarity in the working day [BOE].

  • Falta del periodo exigido de residencia o empadronamiento, o para la constitución de la Unidad Perceptora.
  • Having exhausted the maximum period during which stipulated by law.
  • (H) persons from prevention services and social integration activities authorized by the autonomous communities and cities of Ceuta and Melilla.

Incentives

When the original contracts of indefinite or transformation into at the time, the bonus will be implemented in the terms of the item 2 . 7 the law 43 / 2006 , 29 december (official gazette of spain 30 december), according to the drafting item 6 . 2 the law 27 / 2009 , 30 december (BOE 31 december).

Other features

The benefits established may not, in concurrence with other public aid for the same purpose, overcoming 60 per cent of the annual wage costs under the contract which bonifica.

In the case of aid without obtaining satisfy the requirements for granting, will the return of the amounts set bonus enter by Social security contributions and to charge interest as provided for in fundraising standards in Social security.

Not considered incentives described in the case of labour relations.

Legislation

5 . 350 €/year

Requirements of workers

People who are accredited by the competent administration victimhood of gender violence or a victim of domestic violence by any member of the family unit of coexistence, a victim of terrorism or victims of human trafficking, without requiring the status of being in unemployment.

The worker has no relationship by blood or marriage until the second degree with the entrepreneur with those who hold leadership positions or members of the governing bodies of societies, as well as with recruitments that occur with the latter. Shall not apply this exclusion where the employer is a freelance worker without earners and employs a family only less than forty-five years not living in your home or dependant. Or in the course of the sons of autonomous worker under 30 years working with him, whether live as if not coexist.

The worker must not have been linked to the company in the twenty-four months prior to recruitment through ended contract or in the past six months through a fixed-term contract or temporary contract or through a formative, baton or retirement replacement

Excluded workers who have completed their working relationship undefined character within three months prior to the formalization of the contract. This exclusion does not apply when the completion of the contract is for dismissal recognized declared inadmissible, or by collective dismissal, except in the course under Article 8 . 2 the law 43 / 2006 , 29 December (BOE of 30 December).

Characteristics of the contract

The contracts under the aid could be indefinitely, including fixed modality discontinuous, through engagements full-time or part-time. Be formalized in writing in the model which provides the public employment service State.

Requirements of the company

Podrán celebrar este contrato todas las empresas, incluidas las cooperativas o sociedades laborales, que incorporen a este colectivo como socios trabajadores o de trabajo, siempre que la entidad haya optado por un régimen de Seguridad Social propio de trabajadores por cuenta ajena, así como los autónomos que contraten a trabajadores incluidos en este colectivo.

Be aware in fulfilling their tax obligations and Social security.

Not having been excluded from access to the benefits of the application of employment programmes as provided in Article 46 of the Royal Legislative Decree 5 / 2000 , 4 August (BOE of 8 August), which approves the consolidated text of the law on infringements and sanctions in the social order.

Companies that have become extinct or extinct, for dismissal recognized or declared inadmissible or collective dismissal, bonus contracts under the various programmes policy of promoting employment, as established in Article 6 . 2 the law 43 / 2006 , 29 December (BOE of 30 December), will be excluded by a period of twelve months of aid contemplated.

Incentives

Each contract undefined entitle, since the date of the contract, a monthly bonus of the company quota to Social security for each worker hired/a victim of:

  • Domestic violence, 70 , 83 €/month ( 850 €/year) during 4 years.
  • Gender violence or terrorism, 125 €/month ( 1 . 500 €/year) during 4 years.
  • Human trafficking 125 €/month ( 1 . 500 €/year) during 2 years.

When the initial contracts or transformation performed indefinite part-time, the bonus applies under the terms of Article 2 . 6 the law 43 / 2006 , 29 December (BOE of 30 December), according to language given by Article 6 . 2 the law 27 / 2009 , 30 December (BOE of 31 December).

Other features

The benefits established cannot, in cooperation with other public aid for the same purpose, overcoming the 60 % of annual wage costs for the contract bonifica.

In the case of receiving aid without satisfy the requirements for issuance, will return the quantities left entering by bonus of Social security contributions with the surcharge and the corresponding interests as established in raising standards in terms of Social security.

May not be given incentives described in labour relations of special character.

Rules

  • Law 43 / 2006 , 29 December, for the improvement of growth and employment. [BOE consolidadada legislation]
  • Final disposal first of the royal decree 1917 / 2008 , 21 November, which approves the agenda of sociolaboral integration for women victims of gender violence. [BOE consolidated legislation]
  • Article 34 the law 29 / 2011 , 22 September, recognition and comprehensive protection for victims of terrorism. [BOE consolidated legislation]
  • Final disposal 8th of law 26 / 2015 , 28 July, to modify the system of protection for children and adolescents. [BOE consolidated legislation]
  • Final disposal 14th of law 3 / 2012 , 6 July, urgent measures to the reform of the labour market. [BOE consolidated legislation]

Requirements of workers

Unemployed workers at risk of social exclusion. Social exclusion will be accredited by the corresponding public social services competent and is determined by the belonging to any of the following:

  • A) Perceptores de rentas mínimas de inserción, o cualquier otra prestación de igual o similar naturaleza, según la denominación adoptada en cada Comunidad Autónoma, así como los miembros de la unidad de convivencia beneficiarios de ellas.
  • (B) people who are unable to access the benefits to which reference is made in the previous paragraph by one of the following:
    • Falta del período exigido de residencia o empadronamiento, o para la constitución de la unidad perceptora.
    • Having exhausted the maximum period of perception legally established.
  • (C) older Youth eighteen years and less than thirty from child protection institutions.
  • D) Personas con problemas de drogadicción o alcoholismo que se encuentren en procesos de rehabilitación o reinserción social.
  • E) penitentiary inmates whose prison situation allows them to access to employment and whose employment relationship is not ­ ­ ­ tea included in the scope of the special employment relationship regulated under Article 1 the royal decree 782 / 2001 , 6 July, which regulates the employment relationship of special character of detainees working in prison workshops and Social security protection of the service for the benefit of the community, as well as released conditional and former prisoners.
  • (F) inmates included in the scope of the organic law 5 / 2002 governing the criminal liability of minors, whose situation allows them to access to employment and whose employment relationship is not included in the scope of the special employment relationship referred to in Article 53 . 4 the rules of the law, approved by the Royal Decree 1774 / 2004 , 30 July, which approves the regulations of the organic law 5 / 2000 , 12 January governing the criminal liability of minors, as well as those that are in a situation of probation and former inmates.
  • (G) people from alternative accommodation centres authorized by the Autonomous Communities and the cities of Ceuta and Melilla.
  • H) people from prevention services and social integration authorized by the Autonomous Communities and the cities of Ceuta and Melilla.

El trabajador no tendrá relación de parentesco por consanguinidad o afinidad hasta el 2 º degree, with the employer or those who hold leadership positions or members of the governing bodies of societies, as well as recruitments that occur with them. The worker must not have been linked to the company, group of companies or entity the 24 meses anteriores a la contratación mediante contrato indefinido, o en los últimos 6 meses mediante un contrato de duración determinada o temporal o mediante un contrato formativo, de relevo o de sustitución por jubilación.

Excluded workers who have completed their working relationship undefined character within three months prior to the formalization of the contract. This exclusion does not apply when the completion of the contract is recognized or redundancy declared inadmissible, or by collective dismissal., except in the course under Article 8 . 2 the law 43 / 2006 , 29 December (BOE of 30 December).

Characteristics of the contract

The contracts under the aid could be indefinitely, including fixed modality discontinuous, or temporary hires through full-time or part-time, in this case must be the daily or weekly day more than half of the day of comparable full-time worker.

You can also enter into the temporary contract of employment promotion for workers in situation of social exclusion. Be formalized in writing in the model that may be provided by the public employment service State.

Requirements of the company

Be corporation or qualified cooperative society as a company of insertion, make an economic activity whose social object is the integration and training socio-laboral people in situation of social exclusion.

Be promoted and even joined by one or more entities promoters, i.e., non-profit entities, non-profit associations and foundations, whose social object includes the social integration of disadvantaged people, to promote the incorporation of insertion. This will be at least one 51 % of the share capital for corporations. In the case of cooperative societies and industrial societies such participation should be placed in the ceilings contained in the different laws that apply to partners or associates.

Be registered, as well as in the Administrative Register of companies of insertion of the Autonomous Community.

Keep in annualisation, a percentage of workers in the process of insertion of at least 30 % during the first three years of activity and at least 50 % of the total from the fourth year, and may not be less than two.

Economic activities not different from those of its corporate purpose.

Apply at least 80 % of available surplus improvement or expansion of its productive structures and insertion.

Submit an annual Social Balance Sheet containing economic and social memory, degree of integration into the regular labour market and composition of the template, information about the tasks of insertion carried out and forecasts for next year.

Count on the means necessary to fulfil the commitments, derived from the itineraries of sociolaboral insertion.

Be aware in fulfilling their tax obligations and Social security.

Not having been excluded from access to the benefits of the application of employment programmes as provided in Article 46 the Legislative R.D. 5 / 2000 , 4 August (BOE of 8 August), which approves the consolidated text of the law on infringements and sanctions in the social order.

Incentives

Undefined each contract shall be entitled to a bonus of the company quota to Social security for 70 , 83 €/month ( 850 €/year) during 3 years.

When the contract is formalised with minors 30 or under 35 years if they have recognized a degree of disability than or equal to 33 %, entitle to a bonus of 137 , 50 €/month ( 1 . 650 €/year), during 3 years.

Companies that have become extinct or extinct, for dismissal recognized or declared inadmissible or collective dismissal, bonus contracts under the various programmes policy of promoting employment, as established in Article 6 . 2 the law 43 / 2006 , 29 December (BOE of 30 December), will be excluded by a period of 12 months of aid under the Act.

Other features

The benefits established cannot, in cooperation with other public aid for the same purpose, overcoming the 60 % of annual wage costs for the contract bonifica.

In the case of receiving aid without satisfy the requirements for issuance, will return the quantities left entering by bonus of Social security contributions with the surcharge and interests of delay for as established in raising standards in terms of Social security.

May not be given incentives described in labour relations of special character.

Rules

Requirements of workers

Be spouses, ascendants, descendants and other relatives by consanguinity or affinity, until the second degree of autonomous worker.

Being unemployed and registered in the employment office.

Characteristics of the contract

Indefinitely full or part-time.

1404 Worker's requirements

Had not extinguished employment contracts, either by objective reasons or disciplinary layoffs who have been declared legally inappropriate, either by collective redundancies that have been found not adjusted to The Right, in the twelve months prior to the conclusion of the contract which entitles the bonus provided.

The employer must maintain the level of employment in six months after the celebration of contracts that entitle this bonus.

To examine the level of employment and its maintenance, will not be considered extinctions of work contracts for objective reasons or disciplinary redundancies that have not been declared inadmissible collective redundancies that have not been found not adjusted to The Right, as well as extinctions caused by resignation, death or permanent disability total, absolute or major disability of workers or the expiry of the agreed time or execution of the work or service object of the contract, or by resolution during the trial period.

As not covered by this provision shall apply the provisions of section I of chapter I of the law 43 / 2006 , 29 December, for the improvement of growth and employment, except as provided for in Articles 2 . 7 , 6 . 1 .b) and 6 . 2 .

Incentives

Bonus of 100 by 100 in the company quota for common contingencies.

Duration

Session 12 months.

Rules

The implementation of this measure shall be voluntary.

The worker shall have no relatives by consanguinity or affinity to the second degree including with the employer or with whom holds jobs or are members of the organs of administration of societies, as well as in recruitment occurring with the latter.

Characteristics of the contract

The contract will be full-time and indefinitely.

In writing will be formalised in the model that provides for the public employment service.

Requirements of the company

There will be able to implement this measure if contracts are involved insertion or subsidized by the public employment service State under the Agricultural promotion of employment, or where recruitment is made by:

  • Companies having authorized dossier in employment regulations at the time of recruitment.
  • Firms where unemployed beneficiary of the unemployment allowance has worked in the last twelve months, except in the case of contracts with casual workers are included in the Agricultural Special Social security.

Incentives

The aid will be able to receive the clients and companies that hire are as follows:

  1. The monthly worker 50 per cent of the grant, for the duration of the contract, with the ceiling of twice the pending receipt of the grant and without prejudice to the implementation of the causes of Termination of the right provided for in the letters a), (e), (f) and (g) and article 272 the consolidated text of the General law on Social security.
  2. Abono al trabajador, en un solo pago, de tres meses de la cuantía del subsidio si el trabajo que origina la compatibilidad obliga al beneficiario a cambiar de lugar habitual de residencia.
  3. Bonus that are necessary in case of indefinite contracts if they meet the requirements of the law 43 / 2006 of 29 december (BOE 30 december) or of the royal Decreto-ley 8 / 2019 , es decr si el trabajador se incluye en alguno de los siguientes colectivos: persona con discapacidad; persona en exclusión social; víctima de violencia de género, doméstica, terrorismo o trata de seres humanos; o en el artítulo 8 the royal Decreto-ley 8 / 2019 , 8 march (official gazette of spain 12 march), i.e., be a long-term unemployed.

Monthly referred to in subparagraph ( 1 previous shall worker of the operator of the benefits during tiempoa laid down in the said paragraph, discounting the period of three months of a grant of aid to the intended geographical mobility ( 2 previous equivalent to six months to subscribers of the grant in the regime of compatibility indicated.

The employer during this time, will have fulfilled the obligation of paying the wage worker, completing the amount shall be received by the worker to the amount of that salary, is also responsible for the Social security contributions for all contingencies and the total salary, including indicated the amount of the allowance. In the case of temporary workers covered by the Special Regime For agriculture, the employer shall be responsible for the price per jorn adas reais per REASS for contingencies.

Legislation

  • A transitional measure fifth of the law 45 / 2002 , 12 december, on urgent measures to reform of the unemployment protection and improvement of the [fosters employability.BOE consolidated legislation]
  • Law 43 / 2006 , 29 december, to improved growth and employment. [BOE consolidadada legislation]
  • Decreto-Ley Real 8 / 2019 , 8 march, urgent measures of social protection and fight against insecurity in the working day. [BOE consolidated legislation]

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

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

The contract can be dealt with

  • .
  • In writing.

With 45 years or more

Shall be conducted in writing a probationary period may not exceed two months and during which the employer and employee of home will be obliged to fulfil their respective benefits, with a resolution of the employment relationship for which you want to of the parties with a maximum period of notice 7 days.

The worker must receive information on the essential elements of the contract if they do not appear in the contract concluded in writing, that in addition to the general aspects (identification of the parties, salary, day, etc..).

Will include:

  • Wage benefits in kind, when agreed its existence.
  • Duration and distribution of the times of presence agreed, as well as the system of payment or compensation from the same in his case.
  • Is guaranteed as a minimum, the payment in cash of SMI in annual count below which it will not be possible to accomplish any discount for salary in kind, for maintenance or accommodation. When there is the salary in kind may not exceed 30 per cent of wage perceptions.

The minimum wage to refer to the full working day, to be perceived at a pro rata if there is a lower day. The female worker or employee shall be entitled to two extraordinary pay per year, to ensure the perception of the SMI in annual count.

  • Workers who work for hours, and out-patient perceive global payment by the hours actually worked, including all of the restorative concepts (wages for the time worked, the shares of weekly rest, holidays and extraordinary pay)
  • Documentation for the salary will be pursued through the worker of a receipt of wages in the terms agreed by the parties.
  • The weekly maximum working week will be of forty hours actually worked, without prejudice to the times of presence, at the disposal of the employer, which could be agreed between the parties.

The times of presence will have the duration and shall be subject to reward or compensation in the terms agreed by the parties may not exceed 20 hours per week on average in a period of one month, unless the parties agree to his compensation equivalent to rest periods.

Su retribución no será de cuantía inferior a la correspondiente a las horas ordinarias.

  • Between the end of one working day and the beginning of the following should mediate a minimum rest 12 hours which may reduce to 10 en el caso del empleado de hogar interno compensándose el resto hasta 12 hours up 4 weeks.

The internal employee will have at least two hours a day for the main meals. This time is not computed as working time, but of rest. The weekly rest time shall be 36 consecutive hours including as a general rule, saturday or monday morning and sunday.

  • The period of annual leave shall be 30 calendar days may opt to be in two or more periods, while at least one of them shall be as a minimum of fifteen consecutive days. In the absence of the covenant of the periods of holidays, fifteen days may be established by the employer, in accordance with the needs of their families and the rest will elect freely by the employee. These dates must be known with two months prior to the start of their realization.

During the period or periods of leave, the employee of household is not obliged to reside in the family home or at the point that moves the family or any of its members.

The worker is entitled to the enjoyment of the parties and permissions set for the rest of the workers.

  • The employment relationship may be terminated by:
    • Disciplinary dismissal, by written notification, for the reasons set forth in the workers' statute.
    • If the dismissal is inadmissible by the competent court, compensation, to be paid In Full in cash, will be equivalent to salary twenty calendar days multiplied by the number of years of service, with the limit of 12 monthly instalments.
    • Desestimiento extinction by the employer, which must be communicated in writing to the employee of home. In the case that the provision of service would have been more than one year the employer must be given a period of twenty days' notice, being in other cases of seven days.
  • Simultaneously, should make available to the worker compensation In Full, in cash amount equivalent to 12 calendar days per year of service, with the limit of six months. The amount of compensation of 12 days only applies to contracts from 1 january 2012 .
  • The employer may replace the notice by compensation equivalent to the salaries of that period. In accordance with the assumptions of the article 49 . 1 of the workers' statute, beyond our control, collective dismissal and legally from objective reasons.
  • From 1 january 2012 the Special Regime of Social security for the Employees were integrated into the General Regime as a special system.

Incentives

On the exercise 2021 it continues to maintain, in accordance with article 119 .cuatro. 4 the royal Decreto-ley 11 / 2020 , 28 december 30 december, of general state budget for the year 2021 the implementation of a reduction of 20 by 100 in the corporate contribution to the Social insurance payments for common contingencies in the special system of Household Employees, as prescribed in article 7 . 3 the royal Decreto-ley 18 / 2019 , 27 december. Beneficiaries of such reductions employers who have booked, under any contract modality, and discharged in the General Regime to a home from 1 january 2012 , siempre y cuando el empleado no hubiera figurado de alta a tiempo completo en el citado Sistema Especial para el mismo empleador, dentro del período comprendido entre el 2 august 31 december 2011 .

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 two ascendants or the 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.

  • When large families is special, it shall not be necessary for the two parents to develop any paid activity outside the home.
  • Only this bonus shall be accorded to only one carer for family unit.

Legislation

  • Article 4 . 2 the royal Decreto-ley 28 / 2018 , 28 december, to the revaluation of public pensions and other urgent measures in social, labour and employment. [BOE]
  • Royal Decree 1620 / 2011 , 14 de noviembre, por el que se regula la relación laboral de carácter especial del servicio del hogar familiar. [BOE consolidated legislation]
  • Law 11 / 2020 , 30 december, of general state budget for the year 2021 [BOE consolidated legislation]

Definition

Celebrated with a group of workers found in its entirety.

Characteristics of the contract

The entrepreneur shall not compared to each of its members the rights and duties as such its purview.

The group leader parti representation of the members, responding the obligations inherent in such representation.

The contract may be verbal or written.

Its duration may be indefinite.

Rules

  • Right Legislative Decree 2 / 2015 , 23 de octubre, por el que se aprueba el texto refundido de la Ley del Estatuto de los Trabajadores. [BOE consolidated legislation]

Definition

Is considered senior management those workers exercising powers inherent in legal title of the company, and related to the general objectives of the same with autonomy and full responsibility only limited by criteria and direct instructions emanating from the person or senior government and administration of the entity that respectively holds that title.

Characteristics of the contract

Written will be formalised in copy doubled, one for each contracting party. In the absence of agreement, shall mean that the employee is senior management when the assumptions of Article 8 . 1 . the status of workers and professional delivery corresponds to what defines the article 1 . 2 the royal decree. 1382 / 1985 , 1 August, which regulates the special labour relations of senior management.

May be a trial period which in no case may exceed nine months, if its duration is undefined.

The trial period has expired without withdrawal, the contract will be full effects, with credit time of services provided in the antiquity of the worker in the company.

The employment contract have the duration that the parties agree.

The day, schedules, festivals and permissions, as well as for holidays, will be set in the terms of the contract, as did not configured benefits from the employee that exceed notoriously the usual in the professional field.

Rules

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

Requirements of workers

The employee must be signed and in force a temporary contract for promoting employment or a contract formatiu (or practices for the training and learning). The temporary contract of employment promotion can be transformed into undefined with bonus at any time of the operation. Training contracts to qualify for incentive, becoming undefined to completion of its initial duration or extended.

Requirements of the company

Be aware in fulfilling their tax obligations and Social security.

Not having been excluded from access to the benefits of the application of employment programmes as provided in Article 46 of the Royal Legislative Decree 5 / 2000 , 4 August (BOE of 8 August), which approves the consolidated text of the law on infringements and sanctions in the social order.

Incentives

In the case of the transformation of temporary contract of employment promotion for people with disabilities: subsidy of 3 . 907 euros for each contract transformed into undefined full time.

When the indefinite contract is concluded part-time, subsidizing 3 . 907 euros will be reduced proportionately to the agreed time.

If this contract is full-time, the company has the right to the following bonuses:

Workers without discapacdad severe Men Women
Below 45 years 4 . 500 €/year 5 . 350 €/year
Over 45 years 5 . 700 €/year 5 . 700 €/year
Severely disabled workers Men Women
Below 45 years 5 . 100 €/year 5 . 950 €/year
Over 45 years 6 . 300 €/year 6 . 300 €/year

If the recruitment is made part-time, the amount of the bonus up to Article 2 . 7 the law 43 / 2006 , 29 December, according to language given by Article 6 . 2 the royal decree Law 2 / 2009 , 6 March (BOE of 7 March).

Grant for adaptation of jobs, removing barriers or means of personal protection until 901 , 52 euros.

Quota deduction Full quantity of 9 . 000 euros for each person/year of increase in the average of the template of workers with disabilities in a degree than or equal to 33 % but less than 65 %, hired by the taxpayer, experienced during the period of taxation, on the average of workers of the same nature of the period immediately before.

Quota deduction Full quantity of 12 . 000 euros for each person/year of increase in the average of the template of workers with disabilities in a degree than or equal to 65 %, hired by the taxpayer, experienced during the period of taxation, on the average of workers of the same nature of the period immediately before.

Other features

The benefits established cannot, in cooperation with other public aid for the same purpose, overcoming the 60 % of annual wage costs for the contract bonifica.

In the case of receiving aid without satisfy the requirements for issuance, will return the quantities left entering by bonus of Social security contributions, with the surcharge and the corresponding penalty interests as established in raising standards in terms of Social security.

May not be given incentives described in labour relations of special character, except that the employer is a special centre of employment.

Rules

  • Royal Decree 1451 / 1983 , 11 May, which as provided by law 13 / 1982 , 7 April, regulates selective employment or measures of promoting employment for disabled persons. [BOE consolidated legislation]
  • Royal Decree 170 / 2004 , 30 January, amending the royal decree 1451 / 1983 , 11 May, which as provided by law 13 / 1982 , 7 April, regulates selective employment and measures to promote employment for disabled persons. [BOE]
  • Law 43 / 2006 , 29 December, for the improvement of growth and employment. [BOE consolidadada legislation]
  • Right Legislative Decree 1 / 2013 , 29 November, which approves the consolidated text of the General law rights of persons with disabilities and their social inclusion.

Requirements of workers

The employee must have signed and in force a contract in practice, programme or replacement for retirement age is reduced.

The contracts in practices in the completion of its initial duration or extended, can be converted into with bonus indefinite; the programme and of substitution, whatever the time of conclusion, can be converted into with indefinite bonus at any time during its term.

The worker shall have no relatives by consanguinity or affinity to the second degree including with the employer or with whom holds jobs or are members of the organs of administration of societies, as well as in recruitment occurring with the latter. Shall not apply this exclusion when the employer is a self-employed workers without and transform the contract in the case of a family only under the age of forty-five years who do not live at home or he is responsible, or in the case of the children of the self-employed under 30 years working with him, whether or not there.

Requirements of the company

May be beneficiaries of bonuses as contained in the following subparagraph, the companies with less than 50 workers at the time of recruitment, including self-employment and societies or cooperatives, provided that the latter have opted for a Social security system of self-employed workers.

Be aware in the discharge of their fiscal obligations and in the face of Social security.

Not having been excluded from access to the benefits derived from the implementation of employment programmes, as set out in article 46 the royal legislative decree 5 / 2000 , 4 august (official gazette of spain 8 august), which approves the consolidated text of the act on infractions and sanctions in the social order.

Incentives

Bonus of the company quota to Social security for each contract in practice, programme or replacement for retirement age is reduced by transformation in undefined: 500 €/year for three years, and 700 €/year, if a woman.

When the transformation of contracts at the time, the bonus will be implemented in the terms of article 2 . 7 the law 43 / 2006 , 29 december (official gazette of spain 30 december).

Other features

The benefits established may not, in concurrence with other public aid for the same purpose, overcoming 60 per cent of the annual wage costs under the contract which bonifica. In the case of aid without obtaining satisfy the requirements for granting, will the return of the amounts set bonus enter via Social security contributions, with the extension and interest as provided for in fundraising standards in Social security.

Will not be awarded Incentives described in the case of industrial relations act, an ad hoc basis, unless the employer is a special facility for employment.

That will be applied as set out in section i of chapter i of the law 43 / 2006 , 29 december, to improved growth and employment.

* The retirement age is reduced as a measure promoting employment was repealed with effect of 01/01/2013 according to provision repeal Only of the law 27 / 2011 , 1 august on updating, adequacy and modernization of social security system.

Legislation

Catalogue of publications of the General administration of the state

http://publicacionesoficiales.boe.es

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

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Updated in January 2021