Abstract

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THE CENTRALITY OF THE INNER FLEXIBILITY IN THE LABOUR REFORM OF 2021: A DIS-
PLAY OF BUSINESS INCENTIVES AND SOCIAL BENEFITS TO PROMOTE THE ERTES AT
THE EXPENSE OF THE DISMISSALS. Margarita Isabel Ramos Quintana
Abstract: The measures of inner flexibility such as the suspensions of working
contracts and the reductions of the working day are one of the central nucleus of
the Labour Reform of 2021. Before the labour reform of the year 2012 which sup-
ported the meaningful changes of working conditions as the main adjustment
device to increase the business competitiveness broadening the unilateral pow-
ers of business organization and management, this reform wants to strengthen
devices which spread the effects of the crisis situations between both sides of the
working relation: the companies are strengthened with tools to circumvent the
difficulties with working cost and Social Security reductions, and the workers
concerned by these situations are supported by the Social protection system.
The training activities are strengthened a lot, staying ahead of the unavoidable
present and future working transitions as a consequence of the technological
innovations and the scanning processes. The flexible system complements with
a RED device which was absent up to now in the Spanish employment law which
replicates the same option of social policy before future crisis of structural
nature: support to the companies and preservation of employment.
Keywords: Labour reform of 2021, inner flexibility, ERTES, RED Device, RED
Fund.
CONTRACTS FOR PRODUCTION CIRCUMSTANCES AND FOR SUBSTITUTION AND GEN-
ERAL RULES FOR TEMPORARY HIRING: TIME FOR ANALYSIS. Jaime Cabeza Pereiro
Abstract: The 2021 labour reform has produced a very substantial change in the
rules on hiring and, very particularly, on temporary contracts. Without preju-
dice to the very important ones related to the new training contract, the most
profound modifications refer to the contractual modalities due to business
causes, included in art. 15 of the Workers’ Statute. The political dimension of the
new legislation has been clearly expressed in the Social Agreement that preced-
ed RD-Law 32/2021 and is also reflected in its Statement of Reasons. However,
once the reform has been approved, the time has come for its application and for
the interpretative doubts it raises. This article discusses the main problems that
arise around the contract due to production circumstances, the contract for the
ABSTRACTS
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