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Tomorrow the Inspection will send letters to more than 83,600 companies against the irregular use of temporary contracts

MADRID, 25 May.

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Tomorrow the Inspection will send letters to more than 83,600 companies against the irregular use of temporary contracts

MADRID, 25 May. (EUROPA PRESS) -

Tomorrow, the Labor and Social Security Inspectorate will send letters to more than 83,600 companies suspected of making irregular use of fixed-discontinuous contracts and temporary contracts, according to sources from the Ministry of Labor consulted by Europa Press.

The Secretary of State for Employment, Joaquín Pérez Rey, advanced a few days ago that the Inspection was going to proceed this Thursday to send these letters to ensure compliance with working conditions by companies in sectors linked to seasonality.

Specifically, according to the sources consulted, three consignments of letters will be sent, addressed to more than 83,600 companies and affecting 199,800 workers.

The labor reform, which came fully into force on March 30, establishes that the ordinary employment contract is indefinite and that temporary contracts can only be made for highly valued reasons: due to production circumstances and replacement of another worker with reservation of job.

The first can only be arranged for unforeseeable occasional increases in production or oscillations in demand, for a maximum period of six months, extendable to twelve if so established by the sectoral collective agreement on duty.

This cause may be used in foreseeable situations, such as Christmas or agricultural campaigns, for a maximum period of 90 non-consecutive days a year. During this time, companies can enter into temporary contracts for reasons that, although foreseeable, have a reduced and limited duration.

In this way, the contract for work or service, which allowed temporary periods that sometimes reached four years, is expelled from labor legislation.

The temporary substitution contract can be entered into to replace people during a suspension of the contract with job reservation, to cover reduced hours for legal or conventional reasons, as well as to cover vacancies during a selection process. In the latter case, the duration of the contract may not exceed three months.

With this reform, the construction work contract becomes indefinite and when the tasks of the work for which a worker has been hired are finished, the company is obliged to relocate him to another work or train him.

The sectors that seasonally resort to temporary contracts have to use the fixed-discontinuous contract as of March 30, which have the same rights as the rest of the indefinite ones.

Likewise, the norm reduces to 18 months in a period of 24 months the term of chaining contracts to acquire the status of indefinite worker, compared to 24 months in a period of 30 months previously in force.

Failure to comply with the rules that regulate temporary hiring will lead to the worker being considered indefinite. With the reform, the penalties for the fraudulent use of temporary contracts have been raised from a maximum of 8,000 euros to a maximum of 10,000 euros and are applied for each fraudulent situation and not for each company, as was the case previously.

According to Labor data, 1,450,093 contracts were registered in April, 6.9% more than in the same month of 2021. Of all of them, 698,646 were permanent contracts, the highest figure in the entire series in any month.

This volume of permanent contracts is 325.8% higher than in April 2021 and represents 48.2% of the total contracts made in the fourth month of the year, compared to 10% in December 2021, before the labor reform .

Of the almost 700,000 indefinite contracts signed in April, full-time contracts totaled 284,732, 177.4% more than in the same month of 2021, while part-time indefinite contracts totaled 174,154 (19.3%) and fixed-discontinuous totaled 238,760 (125.4%).

From December 2021 to April 2022, indefinite contracts have multiplied by almost five their weight over the total contracting and already account for almost one of every two signed contracts.

In April, 534,566 more fixed contracts were signed than in the same month of 2021 and 441,318 fewer temporary ones. 44% of the contracts signed in April by young people under 25 years of age were permanent.

In the first four months of the year, 6,162,323 contracts have been made, 16.8% more than in the first four months of 2021. Of this amount, 1,767,836 were permanent contracts, almost triple that between January and April of the year past (181.5%), and of them 865,250 were full-time, 116% more.

Indefinite contracts have grown in all economic sectors, especially in agriculture and construction. Specifically, fixed contracts in the agricultural sector have gone from representing 3% in December 2021 to accounting for 50% in April this year. In the case of construction, the percentage has risen in this period from 23% to 74%. In industry, on the other hand, they already represent one in three (34%) and in services they climb from 12% in December 2021 to 48% in April 2022.

Among the contracts signed in April, just over 745,000 were temporary contracts, of which 25.5% were due to full-time production circumstances and 4.75% were substitution contracts, also full-time. On the other hand, temporary contracts with part-time hours account for 17.1% of the total.