The reform of temporary hiring conjunctural in the RDL 32/2021

Abstract

This paper analyses the reform by Royal Decree-Law 32/2021 of the temporary contracts legal framework and the rules designed to prevent its abusive use. After a historical contextualization, the disappearance of the contract for the performance of specific work or service is addressed, analyzing also the transitory problems and its possible rebirth in the public sphere. Finally, some data on the possible impact of this measure are provided. From this perspective, the possible routes or ports that could be used before this repeal are studied, highlighting the new regulation of the contract due to production circumstances –especially in cases of occasional but foreseeable needs, which are particularly important for the agricultural sector–; the new indefinite contract assigned to work in the construction sector; or the discontinuous fixed contract for service companies or for those whose activity basically consists of business subcontracting. According to these premises, the reforms of these modalities are also analyzed, as well as the new rules regarding the succession of contracts or the rotation of workers in the same job, as well as the overquotation for temporary contracts of less than thirty days. Finally, the new rights of legal representation of workers and collective bargaining in this filed are also analyzed.