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Newsletter No. 25 - February 2012

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Details Newsletter No. 25 - February 2012

  • The Council of Ministers approved the Royal Decree on urgent measures for labor market reformThe Council of Ministers approved the Royal Decree on urgent measures for labor market reform

    The Council of Ministers approved on Friday the Royal Decree Law 3/2012 on urgent measures to reform the labor market, whose primary objective would be slow in the short term drain on job destruction that is suffering and put Spain groundwork for the creation of stable employment soon.

    Note that the standard has been approved by way of Royal Decree and the Government subsequently processed by parliamentary means to raise it to the status of law, which allows the assumption that despite the large parliamentary majority with which may account for the very the support of some political parties, admitted some amendments.

    To this end, design effective mechanisms of internal flexibility in the business to promote job retention and ensure that the dismissal is the last option. The reform also modernizes collective bargaining in order to bring it to the specific needs of companies and workers and relies on the self-employed and SMEs, providing greater flexibility and adaptability.

    The rule adds the urgent efforts of all those who can assist in finding a job and increases the opportunities for the unemployed, with particular attention to youth and long-term unemployed. In order to improve the employability of workers, first recognized the individual right of workers to training.

    The measures contained in Royal Decree are:

    1. Collaboration in the urgent search for employment

    To add the urgent efforts of all who can help find a job, authorizing the temporary work agencies, which have a wide network of branches throughout the territory and experienced in the market work, to act as private placement.

    The aim is to reduce the average duration of unemployment, improve the quality of matches (for workers to have access to jobs more suited to their characteristics, and business employees are better prepared). In any case, the temporary work agencies charge workers.

    2. Right to education

    To improve the employability of workers introduced the right to training, in order to try to prevent a technological or otherwise involving the dismissal of workers and strengthen the professional training of workers.

    Workers with more than one year old will have paid leave of 20 hours of annual training activities whose content must be linked to the job. Create an account also training to be harvested in the training received by the worker throughout his working life.

    It will also enable schools and training institutions accredited to directly execute training plans at state and regional level.

    3. Contract for training and learning

    To reduce the high youth unemployment and mitigate the effects of early school dropout, is promoting the contract for training and learning.

    It raises the maximum age for accessing this type of contract, taking into account the extension of periods of study and the high unemployment rate in the group of under 30 until the unemployment rate drops below 15%. After exhausting a training period in an activity, the employee may use this type of contract in other sectors, thereby enhancing their employability and allow you a second chance. In addition, you can receive training in the company, if you have adequate facilities and personnel.

    4. New permanent contract support to entrepreneurs

    The reform is promoting a new permanent contract for SMEs and Self (companies with fewer than 50 employees), accounting for 95% of the production, with the following features:

    - It will have a trial period of 1 year, which will provide permanent contracts by SMEs and Self.

    - The Company shall be entitled to a deduction on your tax bill of $ 3,000 when hiring your first employee, provided you have less than 30 years.

    - Entrepreneurs who hire an unemployed person may deduct 50% tax on unemployment benefits to come charging the employee for 1 year. For its part, the employee may voluntarily receive, along with his salary, 25% of unemployment benefits during the same period.

    - It also establishes a system of subsidies targeted at unemployed groups with special difficulties joining the labor market. The measures are:

    - To encourage the recruitment of young people with an unemployment rate approaching 50% bonus share of Social Security up to 3,600 euros for permanent contracts for young people between 16 and 30 for three years. The bonus increases with increasing age of the worker:

    --> I Year: 1.000 euros

    --> II Year: 1.100 euros

    --> III Year: 1.200 euros

    --> Apply 100 euros per year if the worker is a woman in sectors where this group is poorly represented.

    - To encourage the recruitment of long-term unemployed: up to 4,500 euros bonus for permanent contracts of long-term unemployed over 45 years (unemployed at least 12 months of the 18 above):

    --> I Year: 1.300 euros

    --> II Year: 1.300 euros

    --> III Year: 1.300 euros

    --> Where contracts are concluded with women in sectors where this group is poorly represented bonuses given rise to 1,500 euros.

    5. Limiting the chain of temporary contracts

    As of December 31, 2012 retrieves the temporary ban on chaining beyond 24 months.

    6. Modification of part-time contract

    Promoting the use of this contract that favors workers to better reconcile work with studies and his family and personal life.

    7. Regulation of telework

    Is regulated for the first time in Spain teleworking, safeguarding the right to form workers.

    The right to remuneration equal to those who work in person at the workplace and to be informed of vacancies in existing face.

    8. Job classification and functional mobility

    To support the adaptation of working conditions to the reality of the company. It also seeks to redress the current labor market duality, in which some of the workers are well protected against the other.

    He removes the classification system of workers by occupational category and generalized system of professional groups, thus facilitating the adaptation of workers to new roles.

    Professional groups defined broadly favors internal mobility and provide an opportunity for the worker to gain experience in other sectors where their skills could be similar or even higher.

    9. Improving mobility and ease of modification of working conditions

    In order to avoid dismissal, the procedures are simplified to reduce working hours or suspend the contract as an adjustment mechanism in situations of declining demand. Eliminates the necessary administrative authorization to carry out the measurement.

    To help businesses in adverse economic situations, we introduce a reduction of 50% of employer contributions to social security of workers affected by the suspension or reduction in working hours, with a duration of 240 days maximum and conditional stability employment (at least one year).

    If the company finally extinguished contracts, workers are not undermined their right to unemployment benefit, and establishing the reinstatement of benefits (counter 0) to a maximum of 180 days.

    10. internal flexibility

    In line with delving into the internal flexibility of companies, which place the dismissal as a last resort, is undertaking a reform of collective bargaining:

    --> We introduce the priority of enterprise agreements, so that regardless of what is agreed at a senior level, representatives of workers and the employer may agree on an enterprise agreement that suits your needs and peculiarities.

    --> It helps businesses in difficulty not to apply higher-level agreement (lift). If there is no agreement, the parties will go to alternative dispute resolution and, if necessary, to arbitration if they have agreed in the collective agreement. Otherwise, one party will raise the dispute to the Advisory Committee on Collective Agreements national or regional counterparts, which will appoint an arbitrator to decide on up to 25 days.

    --> To facilitate the negotiation and the implementation of the agreements, the parties must negotiate a new agreement within a maximum of two years. From that date, the agreement is no longer valid, so terminating the indefinite ultractividad Conventions.

    11. Increased efficiency of the labor market

    It seeks to harmonize our legislation with that of neighboring countries and greater labor market efficiency, so as to promote permanent contracts clearly and, therefore, avoid the dual employment.

    Thus, in regard to the extinction labor for business reasons:

    --> Clarified the reasons for the dismissal to prevent excessive judicialization.

    --> It eliminates the prior administrative approval, in line with the practice of European countries.

    --> Opens the possibility that the agencies and entities within the public sector invoke economic, technical, organizational and production. This measure aims to facilitate the downsizing of those administrative structures that grew enormously during the strong economic growth and that are not sustainable from a financial point of view at present, nor is there an expectation that it be in the coming years.

    To reduce the duality in the labor market.

    --> Since the reform, widespread compensation for the termination of indefinite contracts will be 33 days per year of service in case of unfair dismissal, with a maximum of 24 months.

    --> They respect the acquired rights of workers: old contracts, the new compensation applies only to the period of work done since the adoption of this standard. These contracts retain the right to compensation of up to 42 months. This new compensation generally applies only to new contracts.

    --> Compensation for permanent termination of the contract is 20 days per year worked if fair dismissal for objective reasons, with a maximum of 12 monthly

    --> The Wage Guarantee Fund will cover only the termination of contracts by layoffs coming in SMEs.

    --> It reinforces the right to education: it requires the employer, when carrying out a technical amendment to which the worker has to adapt, we offer a course that may form. This formative period suspended the contract and the worker receives his wages. Only you can fire the employee for failure to adapt if before this training has been provided with no results.

    --> Introduces a requirement for companies to lay off over 100 workers to articulate an outplacement plan designed for a period of at least six months.

    12. More control and fight against fraud

    The aim is to activate mechanisms to combat fraud and the economy. To do this, we propose a special Plan Inspection of Labour and Social Security to ensure strict compliance with the Act

    It will boost the unemployed that are claiming the benefit perform services of general interest for the benefit of the community through collaboration agreements with public authorities.

    13. Absenteeism

    To combat truancy individual behaviors that cause the company a high cost and organizational:

    --> It removes the link between the degree of worker absenteeism and staff to justify absenteeism as grounds for dismissal. From now on only be taken into account worker absenteeism.

    --> It will improve the effectiveness of temporary disability evaluation through mutual accidents.

    14. Capitalisation of unemployment benefits.

    It allows the capitalization of 100% of unemployment benefits for young people up to 30 years and women up to 35 years to start an activity as self-employed.

    Source: Authors and DatadiarBack Top

  • The government uses subsidies to try to accelerate the integration of domestic employeesThe government uses subsidies to try to accelerate the integration of domestic employees

    It tries to give an impetus to a reform that so far does not give the desired results

    The government has taken this decision after that during January, the first month since the start of integration, only 11,398 people incorporated, 3.9% of the total recorded in the previous Special Scheme for Domestic Employees.

    The government wants domestic workers integrate faster in the new Special System General System of Social Security, which has been incorporated into the Order of New bonificiaciones Prices for 2012 for employers, the Ministry of Employment.

    The government has taken this decision after that during January, the first month since the start of integration, only 11,398 people incorporated, 3.9% of the total recorded in the previous Special Scheme for Domestic Employees.

    Given this balance, the Secretary of State for Social Security, Tomas Burgos, and rose during the presentation of the unemployment data and affiliation January it would take "appropriate resources to implement that integration occurs as quickly as possible".

    Thus, the rule provides a bonus of 45% of Social Security contributions for employers of domestic workers with large families and create another 20% of contributions for employers of domestic workers discontinuous, although the high is formalized in the extinct regime before January 1, 2012.

    In the case of fixed domestic employees, maintaining the 20% bonus, but only when high are from 1 January and the worker had not been high on the special arrangements between August 2 and 31 December 2011.

    "With the new legislative text, the Government seeks to complement and streamline the process of integration of the Special Regime for Domestic Employees in the General, "given the" I was having little impact, "says Jobs.


    As public officials, is reduced by 50% employer contribution to Social Security for common contingencies of persons who have entered their respective management as of January 1, 2011.

    The Order of Quote for 2012 also includes the reduction in contributions by professional contingencies - accidents at work or occupational disease - firms that have especially contributed to the reduction and prevention of workplace accidents.

    The new law also regulates the subsidies provided for the maintenance of employment and equal opportunities, in the case of workers over 60 years, the reductions for the maintenance of employment, for employees with 59 or more years, so as bonuses for full time permanent contracts concluded with unemployed workers with family responsibilities.


    It also establishes the reduction of business input - between 6.15 and 8.10 percentage points - in the case of agricultural workers employed in the General Scheme, provided that the contribution base does not exceed the amount set as a limit, in which case, the reduction would be proportional.

    For this group of workers, it also includes a reduction in unemployment fee equivalent to 2.75% of the contribution base for Social Security for temporary disability, risk during pregnancy and lactation or during maternity and paternity activity status.


    On the other hand, the order states that the working members of worker cooperatives engaged in street vending, including the Autonomous Regime from 1 Januarys, 2009 and December 31, 2011, shall be entitled during the current year a reduction of 50% of the tax liability.

    The Government after meeting with industry representatives decided to extend the application of the measure, when was the deadline, and incorporate it into the rule regulating the price for 2012

    Source: AuthorsBack Top

  • The Government approved the creation of funding mechanisms to local authorities for payment to suppliers. These are the termsThe Government approved the creation of funding mechanisms to local authorities for payment to suppliers. These are the terms

    The Cabinet has approved the referral to Parliament a draft Law and a Royal Decree to enable the creation of a funding mechanism for local entities for payment to suppliers as well as granting the state guarantee in future funding mechanisms for all public administrations for the same purpose.

    The decree applies only to municipalities and states that they should bring out all your unpaid bills between 1 and 15 March. Are left outside the collection options currently on the government or other law enforcement agencies.

    Until they reach the dates indicated above, will be the suppliers who will check and verify that records all his claims. If there are differences between the information of the company and those declared by the council, businesses may submit a complaint to the Ministry of Finance and the council should recognize it.

    Furthermore, the condition that the provider must meet to qualify for the payment of their bills is that the case of outstanding obligations generated by works, services or supplies provided before January 1, 2012 and also the case of contracts within the scope of the Act collected by public sector contracts.


    One of the most controversial is who should pay the interest on these loans, as the Government has announced that government will not be alone, but also the suppliers who want to collect.

    In fact, charge before'll pay more for suppliers, as has warned the Deputy Prime Minister, Soraya Sáenz de Santamaría. The new funding system will take into account unpaid as a priority to collect the age of the invoice and the discount offered on the principal amount of the outstanding obligation.

    For its part, the consistory must submit by March 31 viability program to begin to return to financial institutions that these quantities will advance to the creditors.

    The intention of the Ministry of Finance is that these payments are returned to an interest rate below the current and long term, "to be diluted over time," according to ministry sources.

    The remaining issues, such as the list of financial institutions assume the intermediary in the payment will be decided at the next meeting of the Executive Committee on Economic Affairs, to be held in the coming weeks. Finance Ministry sources point out that the deal with the "four or five largest in the country."

    Source: AuthorsBack Top

  • Created the new service Online Legal Advisors Legalex of Arrabe AsesoresCreated the new service Online Legal Advisors Legalex of Arrabe Asesores

    In Arrabe Asesores we designed a new agile, efficient, economic and above all useful. Through it, customers of the firm and anyone who might be interested in Hire it, you can access consulting our lawyers on the majority of incidents that occur on a regular basis both in the business world and in terms particular.


    We offer you the possibility to contact our legal department through a monthly subscription in order to resolve queries that do not require supporting documentation study, and allow to guide you in those situations that might arise to promptly.

    Consultations will be made by sending e-mail or through our apps for smartphone (iPhone and Android) and our professionals will respond to your inquiry within 48 hours, putting at your disposal in a personalized way.

    By way of example and not exclusive, we detail those matters of law on which they can make inquiries:


    We offer advice, among other matters on:

    • Claim amount and unpaid.
    • Court cases arising from breach of contract.
    • Urban leases.
    • Questions on clauses in contracts for uses other than housing and housing (local, ships, etc.).
    • Eviction and unpaid rent claim.
    • Inheritance advice.


    Advice on ways to structure your business organization.

    • Advise on the legal instruments that can be used for commercial operations: selection of commercial contracts according to their nature, terms and conditions.
    • Advice on industrial property rights, patents and utility models, industrial designs, trademarks, etc..
    • Advice on competition law.
    • Advice on bankruptcy law as a debtor or creditor.
    • Advice on defense, or if claims against officers, directors and managers.


    We offer advice on the following subjects:

    • Dismissal procedures: both through the courts as in the prior administrative.
    • Advising the company in labor dispute proceedings arising by workers or unions with the various bodies.
    • Advice on claims before the Social Jurisdiction in general, that is, all those which result from conflicts arise between the company and its employees during the term of employment or as a result of the same.


    We offer advice on:

    • Separations and divorces by mutual agreement and / or litigation.
    • Liquidation of community property by agreement and / or contentious.
    • Claim for unpaid alimony food and.
    • Request for provisional measures before the petition for divorce in emergency situations.
    • Amendment of measures taken in judgments of separation or divorce substantial alteration of the circumstances (Pensions, visitation, custody ...)
    • Avoidance actions and claims of descent.
    • Legal action or partners of wedlock.
    • Procedures for the implementation of monetary and nonmonetary court rulings in Family Proceedings.


    We offer our consulting services in the following areas:

    • Visas.
    • Work and residence permits.
    • Nationality.
    • Community Permit.
    • Application and processing of student card.
    • Renewal of residence permits, and temporary work.
    • Family reunification.
    • Released back.
    • Getting NIE.

    COMMENTS: For being a customer of our Legal Service On line, enjoy a bonus of 15% on the usual fees, for those legal records or making any kind of documents we charge in relation to the matters above or others that may need in the legal field.

    Source: AuthorsBack Top

  • Arrabe Asesores breakfasts: We are committed to provide useful management tools to clients of the firmArrabe Asesores breakfasts: We are committed to provide useful management tools to clients of the firm

    For too long we hear how bad the economy is, how badly run our business, our employees are evil or that we are losing many customers ..... But really what we're doing??, employers could do something like that would help us address these trends???

    From Arrabe Advisors we proposed to launch a series of initiatives to improve management effectively in the business beyond tax advice, legal work and we can offer. To do this, under a flexible perspective and practical, we make available denuestros customers a series of "Workshops" in order that they can incorporate skills and knowledge to help correct and improve management of their business. We started last February 22 with a workshop in which we address the improvement options in Internet sales in the hands of professionals of Solusoft, a company and Consulting Services in Information Technology with 17 years experience, full of success stories the service of many companies and organizations in general.

    Given the success of the call, we have been forced to organize a new conference that are scheduled the next day on February 29th at our headquarters and on 8 March at the Technology Innovation Center of the City of Pozuelo de Alarcón

    Thus, present a strategy to convert web visitors into potential clients is to walk a step behind the evolution of marketing, and general market trends. The old position to publish a site and sit back and wait for visitors arriving is like opening a store and take it for granted that customers come pouring in to buy. Consequently, the strategy to increase Internet sales should be much deeper than trying to convert visitors into buyers, but not neglect this aspect. Here are some strategies that will help us sell more.

    • Define the ideal target in the most complete. This page should include habits, sites visited, and other useful information to help us determine how they spend their time these potential customers. The idea is to pick them up actively. Consequently, if your target is people between 20 and 40 years, with some purchasing power, and you enjoy your free time, and lovers of technology and new "gadgets", surely Twitter is one of the most visit sites . Therefore, any strategy to reach your target should include this network.
    • Adjust your page to your audience. Remember that there is a growing gap between ways of speaking and communicating in different periods of life. Some valued more than others, information-rich sites or pages with more text, while the others will look for quick interaction, during which they can get what they want without further delay.
    • Make it easy to find your site, taking into account the social networks. So if you are not participating in social media, so promotional, it's time to do so. Remember that the trend of search engines is to provide the social orbit of each user as a preferential site location information, or at least worth careful consideration to provide answers when performing a search. If not part of the "sociosphere" of their customers, will be giving a comparative advantage to its competitors.
    • Anticipate demand. To do this, study market trends is the surest way to anticipate future demands, and achieve a complete picture of the preferences of their audience. Study your competition, especially the successful cases, those who have succeeded in capturing a good share of the niche. How do they do? You can too.

    For more information about the seminar, press here to download the program

    Source: AuthorsBack Top

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