The Ministry of Labor has backed down and is willing to make hiring in construction more flexible, as EE pointed out last Wednesday . Thus, it has proposed to maintain the fixed work contract, although with modifications.
In exchange, it establishes that the construction companies will be obliged to relocate employees to a new work when they finish the one they are providing service, according to the new negotiation draft that this newspaper has had access to . However, the new proposal opens the door for companies to fire a worker if they consider that they are not qualified for the next project.
According to the new draft, the personnel of the construction companies must be tied to an indefinite contract. However, given that the next construction project that the company tackles may be of a different nature than the previous one, Work proposes that the construction company protect workers who may be out of date with a training or requalification process always in charge of the company.
Labor has agreed -in part due to pressure from the UGT- not to repeal the current fixed contract of work that the sector has established in the VI Collective Agreement and, therefore, with the agreement of unions and employers and that is included in the provision Third additional of Law 32/2006 regulating subcontracting in the Construction Sector.
In the previous negotiation proposal , dated July 14, the Government limited itself to repealing that additional provision without the option to maintain, therefore, the fixed work contract established in the collective bargaining. In the new draft, dated October 11, he proposes to the social agents a new wording of said text.
Point 2 of the new wording proposed for the third additional provision of Law 32/2006 establishes that ” the completion of the work in which the worker provides services will determine the obligation for the company to make a relocation proposal, prior development , where appropriate and always in charge of the company, of the training or requalification process that is necessary “.
However, point 1 determines that ” indefinite employment contracts concluded for the provision of services in the construction sector , may be terminated for reasons inherent to the worker.”
There are two causes that would motivate the termination of the contract for “reasons inherent to the worker.” The first – regulated in section a) of point 4 of the new third additional provision of Law 32/2006 – that the worker rejects the relocation proposal in writing .
The second cause – in section b) – depends on the company that can fire the worker if the qualification, “even after a proportionally required training or requalification process”, is not adequate for new projects, or does not allow their integration into these, because there is “an excess of people with the necessary qualifications to carry out the same functions”.
The termination of the indefinite contract must be communicated within 7 days
The Government establishes that it will be determined by collective bargaining at the state level of the sector “the criteria of priority or permanence that must operate in case of concurring the reasons indicated in section b) in several workers simultaneously in relation to the same project” .
The termination of the indefinite contract for reasons inherent to the worker must be communicated to the legal representation of the workers of the construction company seven days in advance and will give rise to a compensation of 20 days per year “at least”.
The proposal to relocate the construction company to its workers must be formalized in writing by means of a clause that will be attached to the employment contract. This clause must specify the essential conditions, location and start date of the new projects, as well as the training actions required to occupy the new position.
The worker must accept the relocation proposal fifteen days before the end of his work at the site where he is providing service. Otherwise, your indefinite contract will be terminated.
The Ministry of Labor proposes in its new debate proposal that collective bargaining may extend the deadline for the rejection of the relocation by the worker, as well as determine compensation of more than 20 days . Likewise, collective bargaining will determine the requirements for access to the period and appropriate training modalities according to the qualifications required for each position, level or category.