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What it is

Labor reform: contracts, dismissals and collective agreements change

BOE step 7 of 7 · Passed

It is a royal decree-law. It was introduced on 13 February 2012. Introduced by: Gobierno.

Official title: Royal Decree-Law 3/2012, of 10 February, on urgent measures for the reform of the labor market.

Source: Congreso de los Diputados, file 130/000004· updated 11 Nov

Automatic summary, not yet reviewed

  1. Temporary staffing agencies will be able to operate as job placement agencies by submitting a responsible declaration, and placement agencies will need authorization from the public employment service.
  2. Training is recognized as an individual right: workers with at least one year at the company will get 20 paid hours of training per year, which can be accumulated for up to three years, and a training account linked to their Social Security number will be created.
  3. A new permanent contract to support entrepreneurs is created, only for companies with fewer than 50 workers, with a one-year trial period and tax deductions and rebates when hiring young people or the long-term unemployed.
  4. Part-time workers will be able to work overtime, which will count toward Social Security contributions, and remote work is regulated with the same rights as on-site work.
  5. Companies will be able to suspend contracts or reduce working hours by between 10 and 70 percent for economic, technical, organizational or production reasons without prior administrative authorization, with a consultation period with worker representatives.
  6. It becomes easier to opt out of a collective agreement, that is, to stop applying its terms in the company, and the company-level agreement takes priority over the sectoral one on matters such as wages, schedules or working hours. The extended validity of agreements is limited to two years.
  7. Severance pay for unfair dismissal becomes 33 days of salary per year of service, capped at 24 months, for new contracts. Earlier contracts keep 45 days for the time worked before the reform and 33 days for the time after.
  8. Collective dismissals no longer need administrative authorization: the consultation period remains, seniority priorities are reinforced, and companies with more than 50 affected workers must offer an external job placement plan.

Who it affects

  • Workers, especially young and temporary ones: Their contracts, training, severance pay and the conditions the company can change all shift.
  • Companies with fewer than 50 workers: They gain access to a new permanent contract with rebates and tax deductions.
  • Companies in crisis: They can suspend contracts or reduce hours without administrative authorization and carry out collective dismissals without prior approval.
  • Unions and worker representatives: They take part in consultation periods and can challenge collective dismissals in court.
  • Directors and executives of bailed-out credit institutions: Their severance pay is capped and they can be dismissed without compensation if sanctioned.

Words worth knowing

Descuelgue
Opting out: a company stops applying the conditions agreed in the collective agreement, such as wages or schedules.
Ultractividad
Extended validity: a collective agreement remains in force after its agreed term ends, until a new one is signed.
Salarios de tramitación
Wages the employer must pay the worker from dismissal until the court ruling when the worker is reinstated.
Despido colectivo
Collective dismissal for economic, technical, organizational or production reasons affecting a minimum number of workers depending on company size.
Fondo de Garantía Salarial
Wage Guarantee Fund: a public body that pays part of the severance when the company cannot.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced13 February 2012Someone registers the text in the Congreso.
  2. Admitted21 February 2012The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsno dateGroups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenary21 February 2012All 350 deputies vote.
  6. Senateno dateThe Senate can pass it, amend it or veto it.
  7. BOEno dateIt is published in the Official State Gazette (BOE) and comes into force.
See the 4 official steps on a timeline
Feb 201211. 13 February 2012: Presentación22. 21 February 2012: Calificación33. 21 February 2012: Pleno Convalidación desde 21/02/2012 hasta 08/03/201244. 8 March 2012: Concluido - (Convalidado y tramitado como Proyecto de Ley) desde 08/03/2012 hasta 14/03/2012

8 March 2012

How did the plenary vote?

More votes in favour 337 yes · 0 no · 1 abst.

Voted on: Processing as a Government bill by the urgent procedure of Royal Decree-Law 3/2012, of 10 February, on urgent measures for the reform of the labor market.

This law had 2 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 2 of sitting 16· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Socialista, Vasco (EAJ-PNV), Mixto, GC-CiU, GIP, GUPyD and Popular en el Congreso. 1 deputy voted differently from their group.

By province: in 51 most voted in favour; in 0, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 51
  • Against: 0
Result by parliamentary group
GroupSeatsHow it voted
Socialista110
107 in favour · 3 did not vote
Vasco (EAJ-PNV)5
5 in favour
Mixto18
16 in favour · 1 abst. · 1 did not vote
GC-CiU16
16 in favour
GIP11
10 in favour · 1 did not vote
GUPyD5
5 in favour
Popular en el Congreso185
178 in favour · 7 did not vote

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

Published in the BOE: Royal Decree-Law 3/2012, of February 10, on urgent measures for the reform of the labor market.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.