Notice to companies: the Labor Inspection will monitor the proper use of discontinuous permanent contracts. The Second Vice President and Minister of Labor, Yolanda Díaz, announced this Wednesday that the labor authority will launch “next week” a specific campaign against possible fraud in the signing of these indefinite and intermittent contracts, which are the ones that have increased the most after the labor reform.
The labor reform hits the nail on the head to reduce temporary work in Spain after four entrenched decades
Yolanda Díaz has announced the action of the Labor Inspection in a response during the control session to the Government in Congress, to questions from the Popular Party. Faced with criticism of this type of contract, which the PP dismisses as covert temporary, the Minister of Labor has stressed that discontinuous fixed contracts are “indefinite” and have “full rights” like other indefinite contracts, such as compensation in case of dismissal or that “earns seniority” .
The Minister of Labor has encouraged the PP to consult the “2,796 resolutions of the Spanish Supreme Court that have been issued on this matter. I challenge you to find a sentence that says it’s temporary. It is not”.
Control “as with the ERTE”
However, Díaz has warned that “he is concerned about fraud”, so the Ministry will deploy a campaign to control these contracts from next week. Labor sources explain to elDiario.es that “there are no signs” of fraud at the moment, but that the Ministry wants to monitor “the proper use” of these contracts that were hardly used before. “As happened with the ERTE”, they add.
After the approval of the new labor legislation, and especially since April when it came into force in its entirety, permanent contracts have skyrocketed to account for almost half of all those signed. Among the modalities of indefinite contracts, the ones that are growing the most are permanent discontinuous ones, a type of contract that was almost unknown before and that is designed for seasonal or temporary jobs, as well as intermittent ones.
The surveillance aims to verify that the discontinuous fixed contracts are really motivated by seasonal or intermittent activities and that they are not being signed irregularly for continuous activities. In this type of contract, workers stop receiving payments and their contract is suspended when there is no activity, at which time they can collect unemployment benefit (if they are entitled to it) until they are called back by the company.
The fastest growing contracts
Indefinite contracts have skyrocketed with the labor reform, with the growth of all modalities: full-time, part-time and, above all, permanent discontinuous contracts. According to Social Security affiliation figures, permanent discontinuous workers have gone from 381,985 in December to almost double in April: 640,111.
Given their seasonal or seasonal nature, the Government hoped that the permanent discontinuous could include many temporary workers until now in activities such as agriculture or tourism. The change of contract is not trivial, since as discontinuous permanent workers they become stable workers within the companies, who always use the same staff when there is activity, instead of the companies using different temporary employees in each campaign or season.
Although this type of contract has greatly increased in agriculture and the tourism sector, it has also done so in many other activities, such as telecommunications, architecture and engineering, advertising and market research, security companies and ETTs, among others. others. Temporary employment agencies (temporary employment agencies) can sign this type of contract since the labor reform.