The new labor reform brings changes to temporary contracts, which will be applicable on 3/31/2022.
The so-called Law of Urgent Measures for labor reform, the guarantee of stability in employment and the transformation of the labor market differentiates between two types of temporary contracts: structural and training.
- The structural temporary contract may be made due to circumstances of production or to replace another worker with a reservation of a job, provided that the conditions for the person replacing the contracted worker are perfectly specified.
The contract due to circumstances of production may be concentrated in the event of unforeseeable occasional increases in production or fluctuations in demand, in a maximum time of 6 months, which can be extended to 12 if the sectoral collective agreement in turn establishes it. This cause can be used in foreseeable situations such as Christmas or agricultural campaigns in a maximum period of 90 non-consecutive days per year. The union representatives must be informed of the annual forecast in the last quarter of the year prior to the realization of these contracts.
To acquire the status of permanent worker, the term of chaining contracts has been reduced to 18 months in a period of 24 months, compared to the 24 months in a period of 30 months currently in force.
Failure to comply with the regulations governing temporary hiring will result in the worker being considered permanent. The sanctions contemplated in the Law on Infractions and Social Order (LISOS) for the fraudulent use of temporary hiring will also be increased, establishing fines for each fraudulent situation and not per company.
- The training contract may be for alternating training (work and training) and for the acquisition of work practice. The dual training contract is aimed at young people up to 30 years of age and has a duration of between 3 months and 2 years. On the other hand, the professional practice contract will be signed within 3 years after the completion of studies (currently 5 and 7 years, respectively). Its duration will be for a period of 6 to 12 months.
