The necessary instructions are laid down for the implementation of both the shock plan against temporary employment and the shock plan against the irregular use of part-time contracts. To this end, the Labour and Social Security Inspectorate will send companies with possible situations of ‘fraud’ a communication informing them of the data obtained and warning them of the inspection actions in case of non-regularization.
New crash plans to be carried out by the ITSS
Following the approval of the decent work master plan, with effect for the years 2018, 2019 and 2020, whose purpose is to recover labor rights and improve the quality of employment and working conditions, it was considered necessary to strengthen the action of the Labor and Social Security Inspectorate in order to end the high rates of temporary employment and abuses produced in the use of part-time hiring. To this end, 2 shock plans were established: one against fraudulent temporary work and the other against the irregular use of part-time contracting, whose implementation was immediate during the months of August to December 2018 after the approval of the master plan.
Following the positive results of the previous shock plans, it has been agreed to approve two new plans for the inspection action against fraud in temporary employment and against fraud in part-time contracts. They are as follows:
- a) Shock plan against fraud in temporary contracts:Its objective is to analyse the available data on temporary contracts that may have been signed fraudulently or with the time limits of duration exceeded and to proceed to regularize them, adopting the necessary measures. Its objective is to provide greater job stability to employees and try to exert a deterrent effect on companies, aimed at preventing abusive and fraudulent practices.
- (b) Shock plan against the irregular use of the partial contract: Its objective is to analyze the available data of part-time contracts in which the day declared in the contract does not correspond to the one actually carried out, proceeding where appropriate to the regularization of both the working day and the Social Security situation of the affected workers. The objective is to provide greater security about their working hours to employees, a regularization of the contribution bases and an increase in the collection capacity of the Social Security.
The development of crash plans will be carried out in two phases:
1º Detection of possible fraud situations, in which the ITSS will send companies with possible fraud situations a communication informing them of the data obtained and warning them of the inspection actions of verification in case of non-regularization.
2º Verification of the modifications made by the companies in the situation of their workers.
Companies that continue with the initial situation or have only partially modified it will be the subject of an action of the ITSS, which will adopt the measures that are mandatory.
Master plan for decent work. content
Below is a description of the content included in this Master Plan.
Objectives
- restoring labour rights and improving the quality of employment and working conditions;
- combat labor fraud, guaranteeing fair competition between companies in the labor market, therefore it is directed against those that fail to comply with current labor and Social Security regulations. In addition, fraud is economically unsustainable and socially unjust and causes a reduction in the competitiveness and productivity of the Spanish economy, and attacks the fundamental or basic rights of working people.
Measures included
OPERATIONAL MEASURES
- Combating abuse and fraud in the use of temporary contracts (8 measures).
- Combat abuses in part-time employment, overtime and unpaid overtime (measures 9 to 12).
- Measures to correct non-compliance with wages and those resulting from the outsourcing of activities (measures 13 to 15).
- Protection of fundamental rights and promotion of equality, which differentiates between measures aimed at enhancing the objectives of combating discrimination, for any personal and/or social circumstances, especially gender-based pay and sexual and gender-based harassment, and the promotion of equality, without prejudice to the specific actions envisaged for each (measures from 16 to 25); and others that reinforce and intensify the itss’ action in this area (Measures 26 to 34).
- Strengthening the fight against the irregular economy (measures 35 to 43).
- Tackling the new forms of work provision as a result of the emergence of new information technologies and the widespread use of the Internet has brought about modernisation (measures 44 to 46).
- Regularize the situation of workers who are under the figure of “False grant holder” (measures 47 and 48).
- Strengthen actions to reduce accidents and morbidity at work (measures from 49 to 52).
- Guarantee trade union rights to combat job insecurity (measures 53 to 55).
ORGANIZATIONAL MEASURES
- Strengthen the human and material resources of the State Agency for Labour and Social Security Inspection. These measures include the addition of 833 new inspectors and sub-inspectors, representing an estimated 23 per cent increase in the total workforce (measures from 56 to 58).
- Effective implementation of the State Labour and Social Security Inspection Agency (measure 59 and 60).
- Strengthening the Anti-Fraud Tool (HLF) (measure 61)
- 4. Modernisation of labour inspection management procedures (measures 62 to 65).
- 5. Strengthening institutional collaboration and coordination (measures 66 and 67)
- Labour and Social Security Inspectorate mailbox (measures 68 and 69)
- Strengthening cooperation in the fight against precariousness and international fraud (measures 70 and 71)
- Communication plan of the Labour and Social Security Inspectorate (measures 72 to 75)
The master plan also establishes the need for political and social dialogue. The political dialogue to carry out the modification of the current regulations that are considered to be at the origin of job insecurity, and the social dialogue with CEOE, CEPYME, Comisiones Obreras and UGT occupy a central place for the determination of policies in the field of labor relations, employment and Social Security.
Included plans and action of the ITSS
– Plan against fraud in temporary contracting, which aims to analyze the available data on temporary contracts that may have been signed fraudulently or with exceedance of the time limits of duration.
– Plan against the irregular use of part-time contracting,which aims to analyze the available data of part-time contracts in which the day declared in the contract does not correspond to the one actually carried out.
– Phases of action of the Labour and Social Security Inspectorate:
- Detection of possible fraud situations. Companies with possible fraud situations will be the subject of a communication from the ITSS, informing them of the data obtained, urging them to review their situation, and warning them of carrying out inspection actions of verification in case of non-regularization.
- Verification of the modifications made. Companies that continue to fail to comply will be subject to action by the ITSS to verify such points, adopting the measures that are mandatory.
- In addition, it is foreseen the celebration of extraordinary regional campaigns in order to adapt the inspection action to the peculiarities of each territorial area, which have a significant impact on the matters that make up both shock plans.
If you have any questions or need any clarification about these action plans, you can contact
any of our advisors so that we can help you resolve them.
