Labor and Employment Newsletter - November 2024
On the Provision of Services Between Companies and the Assignment of Employees, Regarding the Recent Judgment of the CJEU
Federico Durán
The European Court of Justice declares the Directive on Temporary Employment Agencies (TEA) applicable in cases of employee assignment, even if the assigning company is not constituted as a TEA.
News
Spain: The Supreme Court declares that prior consultation is necessary in disciplinary dismissals
The court considers it a mandatory requirement derived from Article 7 of the International Labor Organization's Convention No. 158, which must be applied to new dismissals.
DANA: Legal updates and aid approved to address the disaster
Following the damage caused by DANA in Spain, we review the main legal updates approved so far, as well as the various state and regional aid measures.
Spain's working calendar for 2025 published in the Official State Gazette
The calendar includes eight national holidays, in addition to those of the different autonomous communities.
The approved regulation protects the rights of LGTBI people, developing Law 4/2023 whose aim is to guarantee their rights by eradicating situations of discrimination against diversity, and includes the content of the measures of action and protocols against harassment.
On the radar
- The Labor Ministry will unilaterally implement a reduction in working hours
- The Labor Ministry and the Labor and Social Security Inspectorate announce the second phase of the Temporary Contract Fraud Crackdown Plan
- The Organic Law on the Right of Defense strengthens indemnity guarantees
- Launch of an online portal for transnational employee posting
Judgments
- The loss of a service contract is a valid cause for collective dismissal and does not require additional measures
- A clause declaring unfair competition as grounds for dismissal is lawful
- Seniority-related impact is not necessarily grounds for age discrimination
- The dismissal of an employee after receiving medical clearance is ruled unfair, not void, due to a lack of evidence of discrimination
- Requiring information on the date and duration of meetings from European Works Council members is lawful
Labor and Sustainable
CSRD: practical aspects to be borne in mind when preparing the sustainability report
In a new edition of Garrigues Sustainable Dialogs, we covered the most relevant and complex legal and technical aspects that companies should consider when drafting their sustainability report pursuant to the CSRD Directive.
The statute for the Independent Whistleblower Protection Authority, recently published in the Official State Gazette (BOE), outlines its organization, structure, and operational procedures, as mandated by Law 2/2023.
Garrigues Sustainable Newsletter - October 2024
This newsletter compiles the most relevant legal developments in ESG matters in Spain, published by Garrigues and G-advisory.
Latin America
Non-compete agreements for key personnel: Scope and restrictions in Latin America
Non-compete agreements are becoming an increasingly common practice in the Latin American region. It is very frequent for employers to include—almost by default—non-compete agreements in contracts with key personnel to protect their business interests. We analyze this and other related topics in our Latin America Labor Newsletter.
Peru: Pension system reform approved to guarantee a minimum pension for affiliates
The new Peruvian Comprehensive Pension System (SIPP) aims to ensure pension protection for all citizens by establishing mechanisms to guarantee the payment of a minimum pension to its affiliates.
Labor and Employment Law Blog
Vade mecum of the main paid leaves in Spain
What kind of leave can employees take? How? When? In this post we present a basic guide to the main paid leaves regulated in the Workers’ Statute. These leaves can be developed, extended or enhanced through the collective bargaining agreement applicable to each company.
When a post-contractual non-compete agreement is declared null because it does not comply with the legally established requirements, the company can, in certain cases, recover the amounts paid to the employee as consideration, because the cause that justifies it disappears.
Kinship may be a cause for nullity of dismissal in Spain, but it is not automatic
Within the ever-growing list of causes of discrimination referred to employment relationships, we cannot forget that kinship with persons belonging to or related to the company may also be a cause of nullity of dismissal, but it does not cause such nullity automatically.
Tick tock… countdown to the entry into force of the additional solidarity contribution in Spain
On January 1, 2025, the additional solidarity contribution will come into force, by which companies and employees will have to contribute to the Social Security for the salaries that exceed the maximum contribution base established annually by the General State Budget Law.
In the press
Unions bring housing price pressures into wage negotiations
In an article published by La Información, our partner José Manuel Mateo explains: "The parties authorized to negotiate collective agreements are free to determine the indicators and formulas used to establish wage increases during the agreement’s term, provided they comply with legal provisions."
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