The Official State Gazette of October 24, 2015 has published two Royal Legislative Decrees approving new consolidated texts of the Workers' Statute and the Employment Law.
They are Royal Legislative Decrees 2/2015 and 3/2015, both of October 23.
As these are new consolidated texts, the regulation does not change what was already derived from the current legislation reflected in the GPS.
In any case, Royal Legislative Decree 1/1995, by which the Workers' Statute was approved, is repealed and replaced by the consolidated text approved by Royal Legislative Decree 2/2015.
In turn, Law 56/2003, of December 16, on employment, is repealed and replaced by the Revised Text of the same approved by Royal Legislative Decree 3/2015.
The changes in the Workers' Statute that are of greatest interest are minimal and by analyzing the articles following their numbering, the following most important changes can be highlighted, apart from nominal changes or article titles:
1. In article 2 that lists special labor relations, the following changes are introduced:
– In letter g) the reference to disabled people is replaced by the term disabled.
– In letter h) the name of the special relationship of stevedores is adapted to the current regulations on the matter.
– The letter i) becomes the letter l)
– Three new relationships are added – but which were already regulated – specifically in the following letters:
i) That of minors subjected to the execution of detention measures for the fulfillment of their criminal responsibility.
j) The residence for the training of specialists in Health Sciences.
k) That of lawyers who provide services in law firms, individual or collective.
2. In article 6.2. The limitations to work for minors refer to the fact that: they will not be able to carry out night work or those activities or jobs with respect to which limitations on their hiring are established in accordance with the provisions of Law 31/1995, of November 8, of Occupational Risk Prevention, and in the applicable regulatory standards.
3. Art. 8 and 16 of the previous ET, but without modifying the regulation. Some sections of art. 8 above are also recast, specifically section 4, is now integrated at the end of section 2.
4. In article 15, section 8 (discontinuous fixed) becomes the new article 16, without modifying the regulation, and section 9 of article 15 evidently becomes article 8, also without any change in the regulation.
5. In article 33 (FOGASA) section number 8, which was already repealed, is now deleted and consequently the subsequent ones advance their numbering by one number.
6. Article 37.3.f) is worded as follows: “For the time essential for carrying out prenatal examinations and childbirth preparation techniques and, in cases of adoption, custody for the purposes of adoption or foster care, for assistance to mandatory information and preparation sessions and for carrying out the mandatory psychological and social reports prior to the declaration of suitability, always, in all cases, that they must take place within the work day.
The wording already given by the final provision 3 of Law 26/2015 is therefore incorporated into the precept, adding permissions in cases of adoption and custody.
7. In article 40, sections 3 bis and 3 ter are eliminated, which become 4 and 5, maintaining their wording; Logically, the subsequent sections increase their numbering by two numbers, also without regulation changes.
8. In article 45, the situations of suspension due to risk due to pregnancy and risk due to breastfeeding of a child under nine months old are removed from letter d) and become letter e) from which the reference to the service disappears. military and substitute social provision.
9. Article 48 is structured into more sections but maintaining the already known regulation and incorporating as section 7, the previous article 48 bis.
10. The previous article 57 becomes number 5 of article 56 and 57 bis becomes the new article 57.
11. In article 60.1, the reference to the fact that the prescription of business infractions occurs after 3 years is eliminated, now indicating that it occurs in accordance with the consolidated text of the Law on Infractions and Sanctions of the Social Order, approved by Royal Legislative Decree 5/2000, August 4.
12. The first additional provision incorporates the text of the previous first final provision; the second additional now becomes the twentieth; The new second and third now have the following wording (the second partially incorporates the previous Nineteenth Additional Provision):
Second additional provision. Formation and learning contracts.
1. The age and duration limit for contracts for training and learning established in letters a) and b) of article 11.2 will not apply when they are signed within the framework of the public employment and training programs contemplated in the consolidated text of the Employment Law.
Likewise, in these contracts, situations of temporary disability, risk during pregnancy, maternity, adoption, custody for adoption purposes, foster care, risk during breastfeeding and paternity will not interrupt the calculation of the duration of the contract.
2. The protective action of Social Security in contracts for training and learning signed with student workers in the workshop school programs, trade centers and employment workshops, will include the same contingencies, protectable situations and benefits as for the rest. of workers hired under this modality, as established in article 11.2.h) and the consolidated text of the General Social Security Law, with the exception of unemployment.
Third additional provision. Collective bargaining and fixed construction contract.
The provisions of article 15.1.a) and 5 and article 49.1.c) are understood without prejudice to what is established or may be established regarding the regulation of the fixed work contract, including its compensation for termination, in collective bargaining. in accordance with the third additional provision of Law 32/2006, of October 18, regulating subcontracting in the construction sector.
13. The previous ninth additional provision is deleted and now has the following wording:
Ninth additional provision. National Advisory Commission on Collective Agreements.
1. The National Advisory Commission on Collective Agreements, as a body
collegiate, attached to the Ministry of Employment and Social Security through the General Directorate of Employment, tripartite and joint in nature and made up of representatives of the General Administration of the State, as well as the most representative business and union organizations, will have the following functions :
a) Advice and consultation on the functional scope of collective agreements and on the collective agreement applicable to a company, as well as consultation in the event of extension of a collective agreement regulated in article 92.
b) The study, information and preparation of documentation on collective bargaining, as well as its dissemination through the Collective Bargaining Observatory.
c) Intervention in the procedures for resolving discrepancies in cases of disagreement in the consultation period for the non-application of the working conditions established in the collective agreements in accordance with article 82.3.
2. The composition and organization of the National Advisory Commission for Collective Agreements, as well as its action procedures, will be established by regulation.
3. The operation and decisions of the National Advisory Commission of
Collective Agreements will always be understood without prejudice to the powers that correspond to the jurisdiction and labor authority in the terms established by law.
4. For the development of the functions established in this law, the National Advisory Commission for Collective Agreements will be reinforced in its actions by the General Directorate of Employment in accordance with the support measures established in the regulatory development standards, after consultation. with the most representative trade union and business organizations.
5. If any autonomous community does not have a tripartite body equivalent to the National Advisory Commission on Collective Agreements established and operating, nor does it maintain a collaboration agreement in force with the Ministry of Employment and Social Security agreeing on the action of the Commission in the territorial scope of that community, the National Advisory Commission on Collective Agreements may, subsidiarily and as long as said tripartite bodies are not constituted and are in operation
equivalents, hear the requests presented by the companies and the legal representatives of the workers to resolve the discrepancies arising from lack of agreement on the non-application of the working conditions, present in the applicable collective agreement, when said non-application affects company work centers located in the territory of said autonomous community.
14. The previous fourteenth Additional Provision becomes the twenty-first and the new fourteenth incorporates the text of the previous twenty-second, specifically as follows:
Fourteenth additional provision. Consideration of victims of terrorism for employment purposes.
The persons referred to in articles 5 and 33 of Law 29/2011, of September 22, on Recognition and Comprehensive Protection of Victims of Terrorism, are considered included for the purposes of the provisions of articles 37.8 and 40.4.
15. The twentieth additional provision (dismissal in public administrations) becomes the sixteenth and the twenty-first (contractual suspension in the public sector) becomes the seventeenth.
Consequently, the previous seventeenth becomes the new eighteenth and the previous eighteenth becomes the nineteenth.
16. The transitional provisions are reorganized, eliminating many that no longer made sense, and the final provisions disappear because they have either been incorporated as additional or no longer make sense. In any case, in none of these variations are there any regulation changes.
17. There are other minor changes, such as replacing references to the Labor Procedure Law, changing references to articles whose numbering has been modified, replacing some word with another (stub for check, handicapped for disabled, etc.), but in none In most cases there is a change in regulation since it should not be forgotten that it is a mere consolidated text.