Questions

Currently after the February 2012 labor reform, any indefinite contract that is formalized may be formalized. have a trial period of one year if the company has less than 50 workers and certain requirements are met but the courts are still debating the constitutionality of the rule, so you have to be careful.

Currently, compensation for disciplinary dismissal is calculated at 33 days per year worked and a maximum of 24 monthly instalments, instead of the formerly 45 days with a maximum of 42 monthly instalments. However, for workers rendering services in the company for a long time, the compensation will be calculated at such 45 days up to the day of the labour reform of 12 February 2012.

The February 2012 labor reform has greatly facilitated the possibility for each company to create its own agreement, setting working conditions different from those established by the sector agreement, provided that it exists in the company representing the workers and agrees to it. Likewise, companies can withdraw from the collective agreement (or stop applying it until the new agreement is released) proving situations of short-term crisis, and for this it is not necessary that there is a worker representative in the company as a negotiating committee can be created between the workers that the company has for said procedure only.

Work force adjustment plans due to their flexibility and alternatives have become a useful tool to overcome negative contexts and adapt the productive structure of the company to the business or market needs (suspending contracts or reducing workdays). In these cases, workers may reconcile the collection of the unemployment benefits and the provision of the work. Presently, the most important development is that in a suspension ERE, as in a dismissal ERE, no administrative authorization of the Generalitat is required, so that they are much more speedy processes.

The labour reform of February 2012 has eliminated the back pays only for the case of unfair dismissal in which the employer may opt for termination of contract, but they have not disappeared in the case the employer may opt for the re-admission or if the dismissal is declared null and void.

Currently, legal regulations do not allow the employer to recognise the dismissal as unfair and it is not possible to deposit the compensation in the courts if the worker refuses it. Now, more than ever, the dismissal must have a cause and be submitted as fair and, if applicable, it may be agreed in administrative or court conciliation.

A periodic labour audit is advisable so that your advisor may detect changes, irregularities, possible improvements, etc. thus improving your company and avoiding future risks. Such audit is also recommended if you want to sell your company or before mergers or associations.

Failure to comply with these regulations scrupulously can represent a serious danger for the company, especially on the occasion of any work accident since, apart from the sanctions that may be imposed by the Labor Inspection, the company could be obliged to pay a lifetime supplement for the sickness or disability benefit and compensation for damages. Make sure you strictly comply with this law to avoid scares in the future.

This concept has been created to protect such self-employed workers with one sole employer economically dependent on the employer (at least 75% of his/her income), with no other workers under his/her responsibility, etc. granting them some interesting rights, such as redundancy pay, holidays, unemployment benefits ...

There are different types of permanent disability: partial (lump sum payment of 24 months), total (lifetime benefit consisting of 55% of the regulatory base), total qualified (lifetime benefit consisting of 75% of the regulatory base), the absolute (lifetime benefit consisting of 100% of the regulatory base) and severe disability (lifetime benefit consisting of 150% of the regulatory base).