Temporary Hiring in the Labour Reform: Critical Reflections on its legal shaping
Abstract
Among the modifications operated by the recent labour reform, the change concerning labour hiring is especially relevant. The labour reform approved by the Royal Decree-Law 32/2021 has designed a regulatory model that, pursuing the reduction of the traditional duality in the Spanish labour market, restricts the use of temporary hiring through different legal tools. In this context, temporary employment contract depending on production circumstances appears as the last stronghold to articulate temporary hiring in our labour relations system. This article has the aim of reviewing the scope and the content of the labour reform in connection with temporary hiring, with particular emphasis on the new employment contract depending on production circumstances. The analysis focuses on the main interpretative conflicts due to the ambiguous labour wording, which is full of vagueness and undefined legal concepts, as a logical consequence of the transactional origin of the rule.
Received: 13.05.2022
Accepted: 14.06.2022
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Last update: 08/02/2022
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