TAKE CARE COMPANIES! NEW LABOR LAW

Recently has been published two Decree-Law very important to companies, concerning directly the Labor applicable regulation.

These two Decree-Law are “Workers Statute” and “Law of Employment”, which will come into force next November 13th.

Both of them update and reunify legal changes during the past years concerning to employment. The main innovations are:

Procedure to recover the VAT

There are two different procedures depending on if our client has presented insolvency proceeding or not. The two different procedures are the following ones:

Workers Statute

– Three groups join to the labor special relations: the minors submitted to measures of internment to fulfill his penal responsibility, the residence for the specialists’ formation in Sciences of the Health, and the attorneys who give services in law offices, individuals or groups.

– There is included the company obligation to communicate to the employment office the beginning of the contracts and his extensions. Also, the submission is added to the protection data regulation, the processing of the information in the contract.

– Concerning to practices contracts, it is adapted to the system of professional classification by professional groups given by the labor reform, so that with the new collective sectorial treaty will be able to determine the working places or professional groups of the contract.

– About the suspension with reservation of working place, it is avoid the mentions to military service and of the social substitute presentation.

Law of Employment

– The jurisdiction of SEPE for managing programs of a geographical area higher than one State without it implies the geographical mobility of the unemployed or working participants, when they need a unified coordination and previous agreement between the mentioned organism and the States where they should execute, will be regulated by them.

– The Fund of Employment Policies will be regulated by this law.

– ETT are included as an agencies of placement, and they will be able to act like that if they adjust to the established legally.

– It is included a continued evaluation of the active policies of employment, though an expense memory, included the necessary one for the management of the system, and the results of the active policies of employment in the set of the State.

– Link active policies of employment and presentations for unemployment. When the employment gets better, the Government will adopt measures to reform the regulation of presentations for unemployment.

– Government is supposed to continue reinforcing the public services of state employment by the improvement of his resources of all kinds.