Temporality is related to precariousness and this implies a labour dualism between permanent and temporary workers.
A high rate of temporary employment has very negative consequences usa number list for workers: they become disconnected from the company, there is no investment in their training, and they have more precarious, unstable and rotational jobs. It affects the quality of employment. Discrimination occurs because temporary employment affects young people, women, foreigners and those with less training to a greater extent. It affects the economy, productivity and competitiveness of companies. It increases labour dualism, and encourages the segmentation of the working population.
There is a culture of temporary employment and precariousness . Temporary contracts have been used as employment policies to reduce the high unemployment rate. This idea should be discarded because, despite being a measure to promote employment, it is done at the expense of its quality. The principle of causality should be made effective in order to justify the existence of fixed-term contracts and to make appropriate use of them. The latest labour reforms have been aimed at establishing measures to reduce the high rate of temporary employment and promote permanent contracts. Promote job stability.
Employment promotion policies are not the only cause of the high rate of temporary employment. There has been an abusive and fraudulent use of temporary contracts, especially in the case of temporary contracts and contracts for work or services. This is a serious problem that influences the precariousness of employment and working conditions. Another cause is the excessive use of subcontracting and the unjustified linking of successive contracts.
To reduce temporary employment and, therefore, job insecurity , in my opinion, we should start by:
Effectively combat the unjustified and abusive use of temporary contracts.
Promote the appropriate use of the different contractual modalities.
Promote permanent employment.
Strengthen equal treatment between permanent and temporary workers.
Dignify the legal position of temporary workers.
Greater control by labour inspectors, greater incidence of trade union action and greater work by the courts.
In times of crisis and high unemployment, it is a mistake to promote measures that encourage temporary employment. Internal flexibility should be increased, rather than the flexibility of entry and exit from the company. Measures should be established that restrict temporary employment and the use of productive decentralization.
These temporary situations affect all areas of work, including the legal sector , and this precariousness is also reflected in the salaries of lawyers in Spain . Where an intern can earn around 13,000 euros per year, compared to almost 77,000 euros for a senior lawyer, performing almost the same tasks.
If you think you may be in a precarious situation or a legal fraud and you want to improve your situation, it is best to put yourself in the hands of a lawyer specialized in labor law such as Deleritas.com, where they will advise you and tell you the steps you should follow.
Special incidence in the contract for work or service
The contract for work or service was characterized by its abusive use . The latest reforms have been aimed at solving this problem, but they are weak and scarce measures. They do not address the problem of the excessive use of temporary contracts, in this case the contract for work or service, from its foundation. The latest reform of 2022 has eliminated this type of contract. The contract for a specific work or service disappears . Will this lead to a reduction in temporary contracts or fraud? Or will the new fixed-term contracts be used to cover situations of fraud?
The 2010 reform added to article 15.1.a) ET a maximum duration of the contract for work or service of three years , extendable up to twelve months by collective agreement. The law acts on the duration of the contract and not on the duration of the specific work or service. We are still faced with a contract of uncertain duration. The nature of the contract is not modified but with the reform, if the contract exceeds the maximum duration, it will become indefinite. There is a disconnection between the cause of temporality and the duration of the contract. The legislator should have acted on the duration of the work or service and not on the duration of the contract. The principle of causality must be reinforced .
To combat the unjustified use of this type of contract, article 15.3 ET established the conversion of the contract to an open-ended contract when it is entered into in fraud of the law. In practice, it is not very effective since employers still have the possibility of making unjustified use of the contract. Its causal nature is not reinforced.