Within the open-ended contracts, since the publication of Law 11/2013, of July 26, on measures to support entrepreneurs and stimulate growth and job creation, there is a specific one aimed at micro-enterprises and the self-employed to promote the hiring of unemployed young people.
Initially, this law considers all SMEs with a workforce of 9 or fewer employees to be micro-enterprises.
The characteristics of this type of contract are as follows:
It is aimed at the following group of workers: Unemployed young people registered at the Employment Office, under 30 years of age or under 35 years of age if they have a recognized degree of disability equal to or greater than 33%.
The contract must be for an indefinite period, and the working hours can be either full-time or part-time.
Companies must comply with the following requirements:
– Workforce equal to or less than nine employees.
– Not having had a previous employment relationship with the worker.
– Not having opted, in the 6 months prior to the signing of the contract, for improper termination decisions. The limitation will only affect terminations occurring after the entry into force of this Royal Decree-Law for the coverage of those jobs of the same professional group as those affected by the termination and for the same workplace or workplaces.
– Not having previously entered into another contract with these characteristics, unless the contract was terminated for a reason not attributable to the employer or by resolution during the probationary period.
– The employed worker must be kept on for at least 18 months from the start date of the employment relationship, unless the contract is terminated for reasons not attributable to the employer or by resolution during the probationary period.
– The employment level achieved with the contract must be maintained for at least one year from the date the contract was signed. Failure to comply with this obligation will result in the reimbursement of the incentives.
The obligation to maintain employment is not considered to be breached when the contract is terminated for objective reasons or by disciplinary dismissal when either is declared or recognized as appropriate, the resignation, death, retirement or total or absolute permanent disability or great disability of the worker or by expiration of the agreed time or completion of the work or service that is the object of the contract, or by resolution during the probationary period.
The provisions contained in section 1 of Chapter I of Law 43/2006 shall apply, with the exception of the provisions of article 2.7 and 6.2.
This contract will not apply in the following cases:
– When the contract is agreed in accordance with Article 4 of Law 3/2012, of July 6, on urgent measures for the reform of the labor market (indefinite support for entrepreneurs).
– When the contract is for fixed discontinuous work, in accordance with article 15.8 of the Workers' Statute.
– When it comes to indefinite contracts included in Article 2 of Law 43/2006, of December 29 (of people with disabilities, victims of gender violence, domestic violence and terrorism and people at risk of social exclusion).
Companies that enter into this type of contract will receive a 100% reduction in their employer's social security contributions for common contingencies for the duration of the contract year.
If you would like to take advantage of the benefits of this contract or simply want more information, we are at your disposal.
Sonia Rodríguez,
Labor Management Area
Àmbit Assesor
Do you have any questions about this topic?
Our team of expert advisors will help you resolve any issues related to our services.
Contact us now
A Àmbit Assessor, SL has 40 years dedicated to the tax, comptable and labor consultancy of the Pime.
Latest entries from MGI Àmbit
(see all)
Related
