On January 11, 2023, the Royal Decree-Law 1/2023, of January 10, on urgent measures in terms of incentives for hiring and improving the social protection of artists. It is curious that it is approved through this urgent format and that between effective September 1, 2023. One more of those that we are used to: either they legislate with retroactive effects or in the future, the case is not doing things in due time.
Getting into the matter, this Royal Decree Law has the objective of improving the quality of employment and promoting the hiring of unemployed people, focusing on the most vulnerable or with low employability potential.
some are created direct bonuses applied to quotes for the following groups:
Contracts for young people with low qualifications
The bonus for the indefinite hiring of young people with low qualifications, beneficiaries of the National Youth Guarantee System, will give the right to a bonus of 275 euros for three years.
People in situations of social exclusion
The bonus currently provided for the indefinite hiring of people in a situation of social exclusion (€55/month) increases up to 128 € / month, thus equaling that established for the indefinite contracting of other vulnerable groups.
Cooperatives or labor companies
The bonus for indefinite hiring or incorporation as a member in the cooperative or labor society of people who carry out practical training in companies will give the right to a bonus of €138/month, for three years, or during the term of the contract if it is a person with a disability.
special agricultural system
The bonus for the transformation into fixed discontinuous contracts of temporary contracts signed with workers included in the special agricultural system for someone else will entitle, during the three years following, to a bonus in the quotation of 55 euros per month (if they are women, 73 euros / month)
Obligation to repay aid from relocated companies
Companies that proceed to transfer their industrial, productive or business activity to territories that are not part of the Member States of the European Union or of the signatory States of the Agreement on the European Economic Area, must proceed to the refund of all Social Security bonuses made during the four years immediately prior to the relocation, as well as the subsidies received.
No bonus if the part-time contract is less than 50% of the day
In cases of part-time hiring, the amounts will be reduced proportionally depending on the established working day.
There will be no bonus in the case of partial shifts less than 50% of the full-time shift of a worker, except in cases of conciliation permits.
Readmission after total or absolute Permanent Disability
The readmissions of workers who have been terminated by the company due to total or absolute permanent disability are discounted to improve the employability of this group in question and are limited to permanent contracts and cases in which the readmission does not obey a right of the worker, limits that are not contemplated in the current regulation.
In addition, these bonuses extend to the cases of people over 55 years of age with permanent disability who are reincorporated into their company in another category, as well as people over that age who recover their capacity and could be hired by another company.
Substitutions
The bonuses derived from the substitutions are limited for certain cases to the hiring of young people and their duration has been adjusted to the duration that the substitution contracts themselves could have.
Long-term unemployed
The indefinite hiring of long-term unemployed people entitles them to a higher bonus when the person hired is a woman (€128/month, instead of €110/month). This greater bonus also extends to hiring people who are 45 years of age or older.
Alternating training contracts
With respect to the alternating training contract, bonus amounts are established, instead of percentages, equivalent to those that would result from applying 75% to the unique business quotas provided for this contract and 100% depending on the size of the company. .
The benefits in the Social Security quotas foreseen by the transformation into indefinite training contracts also have novelties, derived from the unification of their regulation, and increase their amount by 200% to equalize it to that foreseen by the transformation into indefinite of the employment contract. alternate training.
In addition, the fact that only companies with fewer than 50 registered workers can benefit from this discount, as is currently the case, is eliminated from the rule.
The bonuses currently provided for alternating training make it possible to finance both training costs and tutoring costs in the company, limiting the former to the training activity that, linked to the aforementioned contract, is carried out in the workplace. On the other hand, the bonus for tutoring costs would be applicable to all companies.
Artistic activities
On the other hand, as important issues, this Royal Decree-Law introduces the new article 249 ter into the revised text of the General Social Security Law, which allows the compatibility of the artistic activity on their own account or on behalf of others with the perception of the full amount of the retirement pension in the Social Security system, with no further obligation than to request registration and contribute to the corresponding scheme for professional contingencies, as well as for employed workers, in accordance with the new article 153 ter, with a special solidarity contribution of 9 percent on the contribution base for common contingencies, not computable for the purposes of benefits, which will be distributed between employers and workers. This compatibility extends to the retirement pensions of the Special Regime for Self-Employed or Self-Employed Workers through the modification of article 318 d), as well as the contribution during the compatibility of the pension and artistic activity, although exclusively at the expense of the worker , in accordance with the new article 310 bis.
With the same objective of facilitating artistic activity, article 363.5 of the consolidated text of the General Social Security Law is modified, so that the beneficiaries of a non-contributory benefit maintain and make their pension receipt compatible with income from their activity. artistic that do not exceed the threshold of the minimum interprofessional salary.
Once again, we will see in the course of events if these measures will fulfill their objective of promoting stable and quality employment.
Salvador Mut
Director of the Tomarial Labor Department
