Royal Decree – Law 8/2019

On March 12, 2019, RD-Law 8/2019, on urgent social protection measures and fight against job insecurity in the working day , has been published in BOE.


This royal decree-law aims, first, at the approval of social protection measures.






Secondly, this regulation introduces some employment promotion measures that urgently need to be implemented to guarantee the maintenance of employment in groups especially sensitive to job instability and unemployment: long-term unemployed, rural workers, discontinuous permanent workers in activities tourist, etc.


Along with this, this royal decree-law also includes certain provisions aimed at establishing the registration of the working day, in order to ensure compliance with the limits on working hours, to create a framework of legal security for both people workers as well as for companies and to enable control by the Labor and Social Security Inspectorate.


Main measures:



  1. Unemployment subsidy for people over 55


The art. 1 of RD-law 8/2019 establishes the modification of the regulation of unemployment subsidy for people over 55:


New wording art. 274.4 LGSS:



“Workers over the age of fifty-two may access the subsidy, even if they do not have family responsibilities, provided that they are in one of the cases contemplated in the previous sections, they have paid for unemployment for at least six years throughout their working life and prove that, at the time of application, they meet all the requirements, except for age, to access any type of contributory retirement pension in the Social Security system “.


-Increase in the amount of the contribution due to the retirement contingency during the receipt of the subsidy from 100 to 125% of the minimum contribution limit in force at each moment.


2.- Modification of the benefits in favor of relatives and increase of the minimum amounts of the contributory pension of total permanent disability for minors of 60 years.


This measure is justified, as explained in the Preamble of the RD-Law, in the impossibility of reincorporating into the labor market that in many cases have suffered the workers affected by a total permanent disability, especially when access to this situation occurs from certain ages in which the lack of qualification or knowledge has led to prolonging this situation until access to retirement pension.


In order to avoid that these workers find themselves in a situation of economic vulnerability, in view of their difficult reincorporation to the labor market and in view of the significant increase in the



interprofessional minimum wage that has occurred in the year 2019, which in turn is reproduced in the amount of the minimum contribution base, it is an extraordinary and urgent need to carry out the increase with an effective date of January 1, 2019.


  1. Social protection of workers in the maritime-fishing sector



Law 47/2015, of October 21, regulating the social protection of workers in the maritime-fishing sector, is modified, with the aim of adapting its catalog of benefits to the novelties regulated by Royal Decree-Law 6/2019 , of 1 March, of urgent measures to guarantee equality of treatment and opportunities between women and men in employment and occupation.


A new benefit is introduced for the corresponding exercise of the care of the infant, as well as references to maternity and paternity are adapted to the new name of birth and care of the minor, remitting, for its regulation, the provisions of the consolidated text of the General Law of Social Security.


  1. Inactivity of artists in public shows.



The item is modified 1 of art.249 of the LGSS:



Artists in public shows may continue to be included in the General Social Security Scheme during their periods of inactivity on a voluntary basis, as long as they accredit, at least, 20 days in discharge with real provision of services in said activity in the 12 natural months prior to that in which they request such inclusion to the General Treasury of the Social Security. However, the remuneration received for those days must exceed the amount of twice the minimum interprofessional salary in monthly computation.


Said inclusion must be requested from the General Treasury of the Social Security at any time and, if it is recognized, it will take effect from the first day of the month following the date of the request.


  1. Conversion of temporary contracts of agrarian workers in indefinite or fixed discontinuous contracts.



The companies that, as of April 1, occupy workers framed in the Special System for Workers by Agrarian Foreign Account established in the General Social Security Scheme, that transform, before January 1, 2020, the employment contracts of temporary duration subscribed with these workers, whatever the date of their conclusion, in contracts of indefinite duration, including fixed-discontinuous contracts, they will be entitled to the following bonuses in the corporate quota for contingencies common to Social Security, during the two years following the transformation of the contract:



  1. If the contract refers to workers classified in contribution group 1, quoted on a monthly basis, and who have a monthly contribution base of less than 1,800 euros, the bonus will be 40 euros / month (480 euros / year). In the case of workers, these bonuses will be 53.33 euros / month (640 euros / year).


  1. If the contract refers to workers classified in group 1 of contribution, who quote for actual days worked and their daily contribution base is less than 81 euros, the bonus will be 2 euros / day. In the case of workers, the bonuses will be 2.66 euros / day.


  1. If the contract refers to workers in one of the contribution groups between 2 and 11, who have a monthly contribution base of less than 1,800 euros or a daily basis of less than 81,82 euros, the bonus will correspond with the necessary amount so that the resulting quota for common contingencies does not exceed 88.15 euros / month, or 4.01 euros per worked day. In the case of female workers, the bonus will correspond to the necessary amount so that the resulting quota for common contingencies does not exceed 58.77 euros / month, or 2.68 euros per actual working day.


  1. Bonus for the hiring of long-term unemployed.



Companies that hire from April 1, 2019 indefinitely unemployed people and registered in the employment office at least 12 months in the 18 months prior to hiring, will be entitled, from the date of conclusion of the contract, to a bonus monthly contribution from the employer to the Social Security or, as the case may be, for its daily equivalent, per employee hired at 108.33 euros / month (1300 euros / year) for three years.



When these contracts are concluded with women, the indicated bonuses will be 125 euros / month (1,500 euros / year) for three years.


If the contract is part-time, the bonuses will be enjoyed in proportion to the working day agreed in the contract.


For the application of this incentive, the company must keep the hired worker in employment at least three years from the date of commencement of the employment relationship.


Likewise, he must maintain the level of employment in the company reached with the contract during, at least, two years since its conclusion. In case of non-compliance with these obligations, the incentive must be reimbursed.


The obligations of maintenance of previous employment will not be considered as breached when the employment contract is extinguished for objective reasons or for disciplinary dismissal when one or the



other is declared or recognized as appropriate, nor the extinctions caused by resignation, death, retirement or total permanent disability , absolute or great invalidity of the workers or by the expiration of the agreed time or realization of the work or service object of the contract or by resolution during the trial period.



  1. Measures to support the extension of the period of activity of discontinuous permanent workers in the tourism, commerce and hospitality sectors linked to tourism.


It is expressly established that companies (excluding those of the public sector) engaged in activities within the tourism sectors, as well as those of commerce and catering, provided they are linked to this sector of tourism, which generate productive activity in the months of February, March and November of each year and that start or maintain during these months the occupation of workers with fixed discontinuous contracts, may apply a bonus in those months.


The bonus will be 50% of the business contributions to the Social Security for common contingencies, as well as for the concepts of joint collection of Unemployment, FOGASA and Vocational Training of said workers.


The provisions of this article shall apply from January 1, 2019 until December 31, 2019.



  1. Daily registration of the day



It is amending the Article 34 of the Statute of Workers, adding a new paragraph 9:



  • The company will guarantee the daily registration of the working day, which must include the concrete start and end time of the work day of each worker, without prejudice to the time flexibility.


  • Through collective bargaining or company agreement or, failing that, decision of the employer after consultation with the legal representatives of the workers in the company, this record of the day will be organized and documented.


  • The company will keep the records referred to in this provision for four years and will remain available to the workers, their legal representatives and the Labor and Social Security Inspectorate.


It is established that n 7 of art 34 of the ET, which is worded as follows:



The Government, at the proposal of the head of the Ministry of Labor, Migration and Social Security and after consulting the most representative trade union and business organizations, may establish extensions or limitations in the organization and duration of the working day and the breaks, as well as specialties in



the registration obligations of the day, for those sectors, jobs and professional categories that, due to their peculiarities, require it.


A modification is introduced in the LISOS to expressly establish as a serious infraction the fact of not having the daily record of the day.


Specifically, section 5 of article 7 of the revised text of the Law on Infractions and Sanctions in the Social Order, approved by Royal Legislative Decree 5/2000, of August 4, which is drafted in the following terms, is modified:


The transgression of the norms and the legal or agreed limits in terms of working hours, night work, overtime, complementary hours, breaks, vacations, permits, egistration of working hoursand, in general, the working time referred to in articles 12,23 and 34 to 38 of the Statute of Workers.


As established in Disp. Final Sixth (section 4): The registration of the working day established in section 9 section of article 34 of the revised text of the Law of the Workers’ Statute, approved by Royal Legislative Decree 2/2015, of October 23, according to the wording given to the same by the article 10 of this royal decree-law, will be of application to the two months of its publication in the BOE.


  1. Provision of paternity



It is expressly established that with effect from March 8, 2019 and until March 31, 2019 (remember that the extension to 8 weeks of paternity leave will not be applied until April 1) will continue to apply the legal regime of the paternity benefit established in Chapter VII of Title II of the LGSS in its current version as of March 7, 2019.


  1. National Youth Guarantee System



Among the commitments established in the Emergency Plan are two that clearly affect this group of young people between 25 and 29 years old. On the one hand, it establishes a commitment with young university students and, on the other hand, facilitates the return of young people through the Program for the return of talent and support for mobility.


All these circumstances Dianabol caída del cabello, Dbol caída del cabello make it necessary for the regulatory reforms and improvement efforts to focus especially on the group of young people aged 25 and under 30, this being the fundamental objective of this royal decree-law, which aims to stabilize the application of the employment improvement programs developed within the framework of the Youth Guarantee for all young people under 30 years of age.


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