New Employment and Social Security rules, grants and benefits – April 2019

The first four months of the year have been of a great importance in terms of new employment and Social Security laws which have come into force.

We will try to convey all these important changes to our English-speaking clients, with the aim at continuing with our role as the leading legal firm in the Mar Menor area in terms of Social Security and Employment law.

 

SELF-EMPLOYED WILL NOT PAY WHEN ILL AFTER THE SECOND MONTH

 

The self-employed who are officially declared off-sick by a GP, will stop paying the monthly national insurance after the second month of being ill, which will be a great economic relief.

In any case, we still recommend a private health insurance in order to top up the off-sick benefit, which is very low for those self-employed who pay the minimum amount.

This benefit will not be in place during the initial months of registration of the self-employed, unless otherwise stated by the self-employed.

 

MEASURES IN ORDER TO PROTECT THE EMPLOYEES’ RIGHTS IN TERMS OF WORKING HOURS

 

1st – Daily registry of hours (VERY IMPORTANT)

 

FROM THE 12TH OF MAY 2019 ONWARDS, daily registry of hours must be filled in, signed and kept for four years, for part and full.time employees.

Not complying with this rule might lead to fines from 626 € to 6,250 €.

 

We are attaching a template for full-time employees. If you require part-time daily registry sheets, please contact us.

On the other hand, employers may use analogical systems for the employees to register when they start and when they finish their working hours, or websites which employees can log in to register when they start and when they finish work.

 

 

2nd – Grants and reduced National Insurance.

Countrywide

 

First measure of great economic interest for our clients: From the 1st of April, new permanent contracts with long-term unemployed workers, regardless of their age, (more than twelve months over the last eighteen months) will have a saving of 108,33 Euros a month  (1,300 Euros a year) for three years, 125 Euros a month  (1.500 Euros a year ) in the case of female employees. These figures correspond to full-time contracts.

For part-time contracts, the reduction will be according to the number of hours which the employee works.

There are two important requirements: the employee must be on contract for at least three years and the number of employees that the company has achieved with that employee in particular must be kept for at least, two years.

 

Second measure of great economic interest for our clients: this measure is also very important from the point of view of the coastal location of our businesses. For those businesses related tourism (bars restaurants, shops for holiday makers and tourists) will pay just 50% of the usual National Insurance in February, March and November for permanent contracts.

 

IN THE REGION OF MURCIA

 

A new line of grants have been approved which can be applied from the 10th of April to the 30th of September 2019.

The application must be filed in 15 days.time since the beginning of the contract.

 

 

 

PERMANENT CONTRACT FOR AT LEAST TWO YEARS

  1. Workers who have been unemployed for at least 24 months.
    1. Full time 7000€
    2. Part time 3500€
  2. Workers who have been unemployed for at least 12 months.
    1. Full time 6000€
    2. Part time 3000€
  3. 45 year-old long time unemployed.
    1. With large family.
      1. Full time 7000€
      2. Part time 3500€
    2. No large family
      1. Full time 9000€
      2. Part time 4500€
    3. Unemployed registered in special protection programs.
    4. Full time 7500€
    5. Part time 3750€
    6. Unemployed under 30 years old
      1. Full time 6000€
      2. Part time 3000€
    7. Unemployed in apprenticeship programs programs.
    8. Full time 7000€
    9. Part time 3500€
    10. Family-violence victims.
    11. Full time 7500€
    12. Part time 3750€
    13. Unemployed under 30 years old in special protection programmes.
    14. Full time 6000€
    15. Part time 3000€
    16. University bachelors.
      1. Full time 7500€
      2. Part time 3750€
    17. Training contracts which become permanent ones.
      1. Full time 6000€
      2. Part time 3000€
    18. Unemployed women with children under 3 years of age.
      1. Full time 6000€
      2. Part time 3000€

 

 

 

 

 

 

 

 

 

 

GENDER EQUALITY

 

 

Childbirth Paid leave and Maternity / Paternity benefits

From April 2019. both father and mother (before just the mother) will have the right to reduce one hour the daily working hours during nine months, regardless the number of hours they work, with no reduction in salaries.

In some cases, the daily hour may be accrued and therefore, both father and mother will have a paid leave for around 15 days. This depends on the rules of the Union Agreement the employees are subjected.

This reduction might be extended up to 12 months after the birth of the new-born baby, but as an unpaid leave.

 

Maternity leave

The mother will have the right to a maternity leave and  benefit of 16 weeks, being the first 6 weeks mandatory.

From the 1st of April 2019, the father or other parent will have the right to go on a leave and receive a benefit for 8 weeks, being mandatory to have the first two weeks in a row.

The mother will be able to relinquish in favour of the father or other parent 4 weeks of leave/benefit.

From the 1st of January 2020, the father or other parent will have a leave and benefit for 12 weeks.

From the 1st of January 2021, the father or other parent will have a leave and benefit for 16 weeks, in the same terms as the other

 

A partir del 01-01-2020, contará con un período total de 12 semanas, y las 4 primeras de disfrute obligatorio. La madre biológica puede ceder al otro progenitor hasta 2 semanas de su descanso no obligatorio.

 

Both parents can delay the leave/benefit up to the new born baby is 12 months old, and the mother can have the leave and the benefit four weeks prior to the expected date of birth.

 

In case of adoption, both parents will have a leave and benefit for 16 weeks

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