Labor Newsletter - January 2022
New spaces for collective bargainings arising from the labor reform
Federico Durán López
The reform recently approved by the Government opens a wide playing field for collective bargaining, which will be able to specify and condition the application of the new regulatory provisions on temporary and permanent-discontinuous contracts.
The reform of article 84.2 of the Workers’ Statute: priority of application of the company's collective bargaining agreement
José Luis Cebrián
The recently approved labor reform eliminates the priority of application of the company’s collective bargaining agreement over the sectoral agreement with respect to the salary amount. However, this provision would only apply to company agreements negotiated during the term of a sectoral agreement.
News
- Government prepares new minimum wage increases
- The Labor reform has been finally approved
- Measures for the financial and social sustainability of public pensions approved
- New labor developments in the 2022 General State Budget Law
- The Strategic Plan of the Labor Inspection for 2021-2023 is published and the Royal Decree that establishes the automation of the sanctioning process enters into force
- March 7th is the deadline for companies with between 50 and 100 employees to adopt equality plans
- The Spanish Active Employment Support Strategy 2021-2024 is approved
- The International Classification of Diseases (ICD-11) of the World Health Organization includes workers’ burnout
- The transposition of the Whistleblowing Directive into Spanish law is delayed
Judgments
- The Supreme Court establishes that the exact duration of the probationary period must be put in writing
- The employer's representatives on the health and safety committee do not enjoy the guarantees provided for workers' representatives
- Employees do not have the right to unilaterally modify their working hours as a result of their work-life balance rights
- The National High Court declares a security policy that allows the employer to search workers' belongings in a preventive manner as null and void
- The information contained in the working hours register can be proven wrong: overtime can be declared even if it has not been recorded
- Disciplinary dismissal due to non-compliance with the teleworking policy and neglect of duties is fair
Articles from the Labor and Employment Law Blog
Say goodbye to jobs held by temporary workers
The legislation enacted for the labor reform introduces a new way to acquire permanent worker status that is going unnoticed. Not only can back-to-back employment contracts lead to a worker acquiring permanent status, but it can also occur where the job itself (and not the worker in question who holds it) has been held by temporary workers for more than eighteen months over a twenty-four month period. Continue reading here.
The breach of anti-Covid-19 policies may be grounds for disciplinary dismissal
A judgment by the High Court of Justice of Aragón has declared the disciplinary dismissal of a worker that continuously refused to comply with the company’s anti-COVID-19 measures as justified. Continue reading here.
Temporary hiring returns to the forefront in the next labor reform
For several months, there has been talk of the labor reform that the Government wants to implement. Once again, the main issues subject to debate and possible modification will include the need to limit temporary contracting. In this regard, we should not overlook the fact that providing companies with more flexibility to adjust their staff will help to increase the number of indefinite-term contracts. Continue reading here.
The professional classification system may conceal remunerative discrimination between men and women
Companies should check whether there are positions that, despite belonging to different professional groups or categories, perform the same functions and should therefore receive the same salary. Continue reading here.
The importance of having workers’ statutory representatives at workplaces
It is clear from various regulations approved over the last few years, that the role of labor unions in collective bargaining has been given a significant boost. Indeed, when addressing the subject of representative committees during consultation periods, legislation has given the most representative unions in the sector to which the company belongs a leading role. Continue reading here.
Integration of people with disability continues to be a challenge
On occasion of the International Day of People with Disability, we analyze the presence of this group of people in the labor market and the legislation on its social inclusion. In addition, we recall that in recent years, there has been a proliferation of inspections on whether or not companies comply with the regulations. Continue reading here.
Severance for dismissal: what is the salary used to calculate it?
One of the most common practical and often controversial issues faced by both those in charge of company personnel and workers themselves is the calculation of severance for dismissal. Whereas the legal modules are perfectly defined by legislation (currently 33 days’ salary per year of service for unfair dismissal, 20 days for dismissal on objective grounds, etc.), the remuneration used as the basis for the calculation is one of the most common asked questions. Continue reading here.
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Garrigues Labor and Employment Department in the press
Labor reform: it was, and nothing happened
Article by Federico Durán, of counsel of the Labor Department of Garrigues ('Cinco Días').
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