In the case of article 16 of the labor reform, which refers to indefinite contracts of a discontinuous nature, it will enter into force 3 months after publication in the BOE (March 30, 2022), until then the current wording will remain in force of article 16 of the Workers’ Statute.
Article 16 of the Labor Reform refers to indefinite contracts of a discontinuous nature and the new provisions establish the increase in compensation to which workers will be entitled in the event that the company dispenses with them.
More information on Labor Reform
-The keys to the labor reform approved by the Government
In this sense, it is established that permanent discontinuous workers “have the right to have their seniority calculated taking into account the entire duration of the employment relationship and not the time of services actually rendered.” ConfeCat criticizes this modification and recalls that the previous calculation of seniority is a formula endorsed by the Supreme Court that integrated the resolutions on the matter of the Court of Justice of the European Community.
“We are stumped. There is a total lack of common sense in the approved measure ”, he assures Santiago Garcia-Nieto, president of the entity.
“This modification of a stable and consolidated tool does not make any sense, which endangers the viability and competitiveness of the companies that are part of an essential and successful seasonal tourism industry, which generates a quality labor activity that is essential for our country. ”, Says Garcia-Nieto
For this reason, he remarks that “the measure is illogical and unsustainable and we trust that it will be corrected urgently”, especially considering that sectors such as tourism and hospitality are fully seasonal in many areas of the country and that they are carried out for very short periods of the year.