On December 30, he published in the BOE the Royal Decree Law 32/2021, of December 28. This is the labor reform, which had already been discussed for three years before.
According to the labor contracting, a general principle is established: the employment contract is considered to be indefinite.
La temporality It is established as an exception to the general rule, provided that the causes and requirements of each of the temporary contracts concur, in such a way that if the causes do not exist or the requirements are not met, the contract is indefinite.
The specific work or service contract disappears and contracting modalities are reduced.
Temporary hiring is basically restricted to training contracts (alternating training contract and training contract to obtain professional practice), and also to contracts for circumstances of production or for substitution of the worker.
They are established disincentives to temporary hiring, which penalize excessive turnover in temporary contracts of very short duration. Fraudulent use of the same is also condemned, in the form of increased sanctions to impose on companies.
This restriction on temporary hiring is intended to reduce the rate of temporary or precarious hiring; Only time will tell us if these are the right instruments to achieve this, if the reform is going to be of any use.
Santiago Blanes Mompo
Lawyer. Partner of the Labor Department of Tomarial
