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Penalties for short-term contracts

Due to the excessive temporality of contracts in Spain and the high turnover rate of short-term contracts in our country, the Ministry of Labor and Social Economy has taken clear measures to stop this figure. The labor reform includes a series of modifications in the article 3 of its Royal Decree 32/2021, which involve an additional quote for contracts of less than 30 days.

Said additional quote will be calculated by multiplying by three the fee resulting from applying to the minimum daily contribution base for group 8 of the General Social Security Regime for common contingencies, the general type of contribution charged by the company to cover common contingencies.

This additional quote will not be applicable for workers included in the Special System for Agricultural Employed Workers, in the Special System for Domestic Employees or in the Special Regime for Coal Mining; nor to substitution contracts.

What would be the amount of surcharge for temporary contracts?

At the end of March, the bases, types and rules for contributions of companies and workers to Social Security for the year 2022. This order includes the Minimum Interprofessional Salary of €1,000 in 14 payments, with the minimum Social Security contribution base being €1,166.70. This update affects the additional quote for contracts less than 30 days, which goes from 26.57 euros for each contract to 27,53. This small increase is due to the increase in the minimum contribution base for group 8 of the General Regime.

This penalty measure has been in force for 3 months and according to sources from the Ministry of Inclusion, Social Security and Immigration, it has made it possible to curb the volume of very short-term contracts. As a result, while 30% of contracts between 2017 and 2020 were short-term, data from mid-March 2022 showed that one-day contracts have reduced their weight over total contracts, to 11.5% , while contracts from two to seven days represent 16%, eleven points less.

According to data from the Ministry, almost half of the contracts signed in January and February 2022 were still valid as of mid-March (48 percent), compared to only 10 percent before the labor reform.

If you are interested in training and developing professionally in labor management and in the field of human resources, you can find out about our Master in HR: People Management, Talent Development and Labor Management.

Labor advisor at Asinte International Advisory Office

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