The “internal” flexibility in the RDL 32/2021 through regulation files temporary employment and the red mechanism

Abstract

The labour law reform approved on 28 December 2021 in Spain has definitively consolidated, as a key instrument of internal flexibility in companies, a figure that has been shown, during the health crisis by COVID-19, to be a key tool for companies and workers in complex situations. A tool that facilitates the transition towards business recovery while preserving employment, and is therefore an element of balance between the interests of the social antagonists in the framework of labour relations. Royal Decree-law 32/2021 has configured a regulatory system that is the result of a balance between respect for what already exists, the incorporation of those aspects that have been successfully tested during the pandemic and those other elements that have sought to improve on its previous design. The effectiveness of the measure has already been accredited in times of maximum difficulty; it remains to be seen how it will respond in the post-pandemic period, but, be that as it may, its success has already been confirmed by the fact that it is backed by an agreement within the framework of the Social Dialogue.