Labor Newsletter - January 2022 | News

Government prepares new minimum wage increases

The first Council of Ministers of 2022 has approved the regulatory plan for this fiscal year, which includes two new increases of the minimum interprofessional wage. The Ministry of Labor’s goal is to increase the minimum wage to 1,000 gross euros per month in 14 payments by the beginning of 2022 and to propose new increases for 2023.

The Labor reform has been finally approved

Following the announcement of the labor reform agreement, the Official State Gazette published the text which, among other things, modifies the contractual modalities, establishes new flexibility mechanisms and restores the ultra-activity of collective bargaining agreements.

In this alert we announced the publication in the Official State Gazette of Royal Decree-Law 32/2021, of December 28, on urgent measures for labor reform, the guarantee of employment stability and the transformation of the labor market, which amends both the Workers' Statute and a series of other regulations.

We also offer a summary document with the six main aspects of the labor reform.

Measures for the financial and social sustainability of public pensions approved

The Official State Gazette has published Law 21/2021, of December 28, on guaranteeing the purchasing power of pensions and other measures to reinforce the financial and social sustainability of the public pension system, which includes measures to guarantee the sustainability of the public pension system, as we reported in this alert.

The measures affect such relevant matters as the revaluation of pensions, early retirement, the promotion of active aging, forced retirement and the 0.6% increase of the contribution rate in order to preserve the balance between generations.

New labor developments in the 2022 General State Budget Law

The Official State Gazette published on December 29, Law 22/2021, of December 28, of the General State Budget for the year 2022, which contains a series of legislative novelties in labor and Social Security matters, as we reported in this alert.

The State Budget Law includes a series of labor-related measures, such as the contribution bases and rates for 2022, changes in the maximum contributions to pension plans, the legal interest rate and the IPREM for 2022, among other matters.

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

The Strategic Plan of the Labor and Social Security Inspection (ITSS) for the period 2021- 2023 has four main axes: (i) contributing to the improvement of the quality of employment; (ii) reinforcing the ITSS's operating capacities; (iii) strengthening and modernizing the ITSS; and (iv) increasing the ITSS's international activity. In this alert we summarize the main aspects of this plan.

Furthermore, Royal Decree 688/2021 entered into force last 1 January 2022, regulating the procedure for the automated issuance of infraction reports.

March 7th is the deadline for companies with between 50 and 100 employees to adopt equality plans

Royal Decree-Law 6/2019, of March 1, on urgent measures to guarantee equal treatment and  opportunities between women and men in employment and occupation amended Organic Law 3/2007, of March 22, for the effective equality of men and women in several aspects, some of which were to be applied gradually. Among them, companies with between 50 and 100 employees became obliged to prepare and implement an equality plan within the period of three years from the publication of the Royal Decree-Law in the Official State Gazette.

Companies with between 50 and 100 employees will have until March 7, 2022 to comply with this obligation.

The Spanish Active Employment Support Strategy 2021-2024 is approved

The Official State Gazette has published Royal Decree 1069/2021, of December 4, which approves the Spanish Active Employment Support Strategy 2021-2024, one of the three coordination instruments of the National Employment System, which regulates the active employment and labor intermediation policies to be developed at State level.

The regulation warns of the impact that the economic and social crisis resulting from the pandemic will have on the labor market and productive activity, requiring a rapid response in order to implement new policies and instruments to address the main social challenges. Among the points to be addressed are the following: boosting economic activity, social reconstruction and a new production model after the pandemic, digitalization and the transition to a green economy. The strategy establishes both strategic objectives and specific objectives that facilitate its progressive implementation. These will be reflected in the annual employment policy plans in order to develop measures to combat unemployment and ensure increased employment and quality working conditions.

The International Classification of Diseases (ICD-11) of the World Health Organization includes workers’ burnout

The World Health Organization's International Classification of Diseases and Related Health Problems (ICD-11) has come into force.

From a labor perspective, the inclusion of workers’ burnout is noteworthy, defined as a syndrome caused when a situation of chronic stress occurs in the workplace and is managed incorrectly.

The transposition of the Whistleblowing Directive into Spanish law is delayed

The deadline for the transposition of Directive 2019/1937 on the protection of persons who report breaches of Union law, known as the Whistleblowing Directive, ended on December 17, 2021 without the law that must transpose it into Spanish law having been published.

It is expected that the regulation could be approved in the first months of 2022. Private companies with more than 50 workers will be required to have an internal whistleblower channel to facilitate anonymity and reporting of complaints.