The 2022 labor reform
On December 30, 2022, the new labor reform came into force, which aims usa number list primarily to reduce precariousness and temporary employment. Article 15 of the Workers' Statute is amended .
As a general rule, from 30/03/2022, the employment contract is presumed to be concluded for an indefinite period. A fixed-term employment contract may only be concluded due to production circumstances or due to the replacement of a worker.
The disappearance of contracts for work and services does not apply automatically, but a transitional regime has been regulated . For contracts in force as of December 31, 2021, and those entered into from December 31, 2021 to March 30, 2022. In this case, temporary contracts may not exceed six months , so they will only apply until September 30, 2022.
New fixed-term contracts must be justified (this was also required before, but now it has been given more importance, at least in theory). In order to understand that there is a justified cause for temporary employment, it will be necessary to specify precisely the reason for the temporary contract, the specific circumstances that justify it and its duration.
The time limits are reduced. The new regulation reduces the period of chaining contracts to 18 months in a period of 24 months to acquire the status of permanent worker (previously the limit was 24 months in a period of 30 months). Depending on when the contract was signed, one period or another will apply. Before December 31, 2021, the previous limit will apply, and from that date the new period will apply.
As of September 30, 2022, if a company wants to make a 15-day contract, for example, it will have to resort to other forms such as a fixed-term contract or an indefinite contract in cases where the contractual modality does not conform to the new employment contracts of a fixed duration due to circumstances of production or replacement of the worker.