The discontinuous fixed will access the unemployment subsidy for people over 52 years of age like the rest of wage earners


Improvement in the unemployment protection of people with discontinuous fixed contracts, a group on the rise after the labor reform. The Council of Ministers has approved this Tuesday the equalization of the access of this group of workers, with intermittent activities, to unemployment benefits "under the same conditions and with the same rights" that apply to the rest of the employees of the General Regime of the Social Security that are protected by the unemployment contingency, they explain in the Ministry of Labor. The forecast of the department headed by Yolanda Díaz is that "this measure will have some 18,000 beneficiaries per month," they tell elDiario.es.

European Justice concludes that Spain discriminates against domestic workers by denying them unemployment

European Justice concludes that Spain discriminates against domestic workers by denying them unemployment

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With this regulatory change, the discontinuous fixed contract will be compatible with unemployment assistance protection for those who receive the subsidy for unemployed people over 52 years. Until now, their subsidies have been extinguished as soon as they agree to an employment relationship of this type.

The measure has been approved this Tuesday in a royal decree and complies with one of the commitments made in the labor reform, which tries to promote this indefinite contract to replace many jobs that are currently temporary. According to the first hiring data since January, these contracts and other indefinite ones have skyrocketed after passing the legislation.

The rule included a final provision, the sixth, which contemplates the regulation by the Government "in the framework of the reform of the level of assistance for unemployment" of "the necessary modifications to improve the protection of the fixed-discontinuous group, allowing them access to unemployment benefits" like the rest of the employees of the General Regime. The change approved today is addressed for this specific group before that more extensive review of care subsidies. "It means quickly complying with the sixth final provision," they highlight in Labor.

Another pending task in terms of unemployment protection for the Ministry of Labor and Social Security is to respond to the sentence of the European justice that concluded that Spain discriminates against domestic workers by not allowing them to access unemployment.

An equal protection

"The full equality of workers who enjoy discontinuous fixed contracts to the protection enjoyed by workers with indefinite contracts will allow laying solid foundations for employment stability," they indicate in Work.

This regulatory change means that, if an unemployed person who receives the subsidy for people over 52 years of age obtains a discontinuous fixed contract, they can collect assistance during periods of inactivity. Something that was not possible now, because it exhausted her right. On the other hand, if a person in this same situation obtained another contract, she could access this subsidy when it came to an end, they explain in Work.

The measure has a special impact on seasonal sectors that use this contractual modality more, such as tourism, but also on others in which this type of contract is now expected to be extended.



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