Labor and Employment Newsletter - June 2024
Market unity and collective bargaining
Federico Durán López
The latest collective bargaining reform aims to give greater prominence to regional and even provincial agreements. However, it does not affect the priority of application of previous agreements over time or the rules relating to company agreements.
News
Following the failure to validate the previous royal decree-law introducing these new features, which was repealed, Royal Decree-Law 2/2024 has been published, which re-approves them with certain changes, such as the possibility of extending the priority of application to provincial collective agreements.
On the radar
- The Council of Ministers approves the elimination of the automatic termination of contracts due to permanent disability
- The Mixed Group of the Congress of Deputies proposes a bill to amend the Workers' Statute with important new features
- The Ministry of Labor will soon try to reach an agreement with the social partners on the reduction of working hours
- Collective claim for increased overtime pay admitted
- The Labor Inspectorate will give priority to examining possible abuses in terminations during the probationary period
- Question referred to the CJEU for a preliminary ruling on the consideration of travel in an employer's vehicle as actual working time
- The Ministry of Labor and Social Economy submits to public hearing the regulatory development of Law 4/2023 regarding LGTBI measures
Judgements
- Individual telework agreements are not subject to collective bargaining
- The refusal to adjust working hours following an investigation by a private detective is in accordance with the law
- The copy of the letter of objective dismissal can be given to the workers’ representatives five working days after delivery to the employee
- The Supreme Court declares meal tickets to be non-wage payments
- The time limit for challenging a substantial modification of working conditions expires 20 days after the communication to the workers' representatives
Labor and Sustainable
Regulation prohibiting products made with forced labor from entering the EU market approved
The European Commission will set up a database of specific geographic areas or products where there is a risk of forced labor.
And also…
Reduction of working hours: a global trend reaching Latin America
In our new Latin American Labor newsletter, we analyze the trend towards shorter working hours. While in countries such as Chile the working week is already being reduced from 45 to 40 hours and in Colombia from 48 to 42; in other jurisdictions such as Mexico and Peru there are also some proposals on the table in this regard, but they have not yet been finalized.
Labor and Employment Law Blog
The 2023 directive on equal pay for men and women contains a series of pay transparency measures that Member States will have to adopt. Although Spanish legislation already contains measures in this subject, the directive goes further. It is therefore advisable to prepare for the regulatory changes that will come with its transposition into Spanish law. Below we analyze the main novelties.
Fighting against child labor in the world: Spanish companies’ obligations to eradicate it
On the World Day against Child Labor, we review the obligations that companies in Spain must comply with to eradicate child labor in the world. These measures translate into reporting duties on their own personnel and those of the companies in their value chain in terms of human rights, including child labor. We also flag the forthcoming regulations that expressly establishes human rights due diligence obligations and prohibits the entry into the European Union of products manufactured with forced child labor.
The definition of ‘person with disability’ for the calculation of the 2% quota
The definition of the concept of ‘person with disability’ includes those who have been recognized permanent total disability (PTD), full permanent disability (FPD) or mayor invalidity (MI) pensions and pensioners of passive classes who have a retirement pension or retirement pension for permanent incapacity for service or futility. The latest regulatory changes and those expected would corroborate the possibility of these people being employed and, therefore, counting towards the 2% quota.
How the Supreme Court counts periods of inactivity in seasonal contracts
We analyze the rulings of the Spanish Supreme Court on how periods of inactivity in seasonal contracts are counted for seniority bonus, loyalty bonus, professional promotion or severance pay.
Reduction of the maximum working hours: 4-day week or fewer hours in annual calculation?
The question of whether to reduce working hours is being analyzed in different countries. There has been much comment in recent years about the possible reduction of the working week to 4 days. However, this change is not exempt from debate due to the impact it will have on the business organization. For a legislative change in this respect, the formula for implementing this reduction is still to be decided: eliminating one working day a week or reducing the maximum working hours on an annual basis.
Press
Our Employment Law partner José Manuel Mateo analyses the new regulation that protects regional collective bargaining agreements against state agreements, in this press article.
Living in Spain and working in France or Portugal: CJEU opens the door to 'cross-border' benefits
In this article, Jesús Merino, senior associate in Garrigues' Employment Law department, analyses the ruling of the Court of Justice of the European Union (CJEU) on cross-border employees.
Social partners seek alternatives to reduce the bargaining burden on companies
In this article, Clara Herreros, a partner in Garrigues' Employment Law department, comments on the effects of the labor regulations that have progressively increased the burden of collective bargaining.
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