Labor Newsletter - March 2022
Validity and ultra-activity of collective bargaining agreements after the reform of collective bargaining agreements
The reform of Article 86 of the Workers' Statute maintains, in substance, the previous regulation and the conceptual confusion that characterizes it (it does not clearly delimit the concepts of validity, extension and ultra-activity). The expired agreement will have to be applied (ultra-active) as required by the legislator, but in no case can it be considered legally in force, which has a series of very relevant legal implications.
News
- Protection of temporary layoffs has been extended until March 31, 2022 and the new minimum wage and other social measures have been approved
- The time period for paying social security contribution differences under the 2021 Social Security Contribution Order has been extended until June 30, 2022
- The European Commission publishes its proposal for a directive on improving working conditions at work on digital platforms
- Temporary protection to be given to people affected by conflict in Ukraine will include work and residence authorization
- The Government approves the preliminary draft law transposing the 'Whistleblowing' Directive
- New piece of legislation on road transport includes measures in the labor field
- The pension revaluation for 2022 is approved
Judgements
- The installation of a monitoring device in an employee's computer does not constitute an infringement of fundamental rights
- The Supreme Court declares the dismissal of a female employee who announces her upcoming marriage for the purpose of requesting leave as null and void
- Reinstatement after a voluntary leave of absence in a location other than the one in which the services were rendered previously is valid when the previous workplace is closed
- Employees on leave due to COVID-19 are not entitled to the supplement for temporary disability comparable to a work-related accident
- Companies must adapt job positions in cases of supervening ineptitude, unless it would impose an excessive burden on the company
- The CJEU dictates that vacations must be accounted for as effective working hours for the purposes of calculating overtime
GARRIGUES SUSTAINABLE - LABOR AND EMPLOYMENT
The Preliminary Sustainable Mobility Draft Law obliges companies with more than 500 workers (or 250 workers per shift) to develop a sustainable transportation plan to work.
The new Sustainability Directive will lay down due diligence obligations for companies
European Commission publishes proposal for a directive on corporate sustainability due diligence and a communication on decent work worldwide.
Labor relations and the commitment to sustainability under debate in ‘Garrigues Sustainable Dialogs’
Sustainability in labor relations, which covers aspects such as respect for human rights and responsibility in the value chain of companies, is occupying an increasingly bigger strategic space in corporate agendas. Moreover, future European initiatives on due diligence and decent work, as well as legislative developments in this regard, which are due to be brought in in Spain in 2022, has heightened interest in the subject.
Future law for due diligence on the environment and human rights takes first steps
The legislation, currently under a public consultation period, will set out an infringements and penalties system for companies that fail to fulfill their duties to respect, protect and promote human and environmental rights and will ensure access to justice so that potential victims can claim an effective remedy, among other measures.
Annual Regulatory Plan 2022: these are the ESG initiatives included in the ministries' agenda
Among the legislative or regulatory initiatives planned by the different ministries for this year 2022, important environmental and energy reforms stand out, as well as numerous normative proposals in relation to labor and social regulation.
ARTICLES FROM THE LABOR AND EMPLOYMENT BLOG
Can an employer be liable for discrimination against a female employee by a third party?
Neither the annual holding of International Women’s Day on March 8, or the profuse existing legislation prevent gender inequality scenarios from continuing to happen. The president of the European Commission was recently ignored by the Ugandan foreign affairs minister because she is a woman. The question that arises from this scenario is what claimable obligations would the European Union have if it were a private company and Ursula von der Leyen were a female employee.
An equality plan, the best gift to celebrate International Women's Day
This year’s International Women’s Day in 2022 is commemorated after the entry in force of the obligation for all companies (unless they have fewer than 50 workers) to draw up and implement an equality plan.
The Labor Reform will increase the number of worker representatives at companies
Following the labor reform introduced by Royal Decree-law 32/2021, published on December 30, 2021, an unprecedented reduction is foreseen in Spain in temporary contracts. This will also mean a significant increase in indefinite-term contracts and, especially, seasonal contracts, therefore with an increase in the number of worker representatives and trade union presence at companies.
Is it possible to pay an employee's salary in cryptocurrency?
Could companies pay their employees’ salaries in cryptocurrency for consumption in a virtual reality? Or as salary in kind? The absence of a legal framework covering these possibilities makes them difficult to implement for the time being. It will also be necessary for the courts and tribunals to reach decisions on such an innovative issue.
How to reduce the employer's liability in work-related accidents with a preventive culture
As a basic foundation of occupational risk prevention obligations, Law 31/1995 of November 8, 1995 (LPRL) establishes the employer as the principal guarantor of the health and safety of the employees under its charge, given that it is the title holder of the authority of management and organization of the company. This involves liability on the part of the employer in a labor environment and, in particular, for the prevention of occupational risks, the assessment of which must be integrated into the corporate compliance system.
Measures to reduce the environmental impact of work-related travel: a new trend?
Italy has recently approved measures aimed at reducing the environmental impact of workers to and from work. Other European Union countries may also decide to take steps in the same direction, so it could be the start of a new trend in the future of sustainable work-related mobility.
Can employers require workers to get the COVID-19 vaccine?
In Spain, there is no law backing the mandatory vaccination of citizens. Spanish labor law does not contain any legal provision in this regard, either. Therefore, employers cannot retaliate against employees who are not vaccinated or do not have a COVID-19 passport. Another matter is the possibility of adopting measures to ensure employees’ health and safety in the workplace in the context of occupational risk prevention.
Attracting young talent: the "tinderization" of employment relationships
Businesses have a huge challenge ahead: they will have to sharpen their wits to attract the attention of the new generations of professionals who join the labor market and are used to interacting in a digital world through applications in which immediacy and quick and easy access to information is the norm. In this context, apps such as Tinder, in which it is becoming increasingly frequent for young people to interact naturally, could be the catalysts of a new way of forming relationships, which will even impact on the labor market. It is what could be called the “Tinderization” of employment relationships.
GARRIGUES LABOR AND EMPLOYMENT IN THE PRESS
A story of the latest labor reform, with spoilers
Article by Bernardo Pérez-Navas, Garrigues Labor and Employment Department partner (Blog de Fide in El Confidencial).
Attracting young talent: the "tinderization" of employment relationships
Article by Pablo Salguero Molina, Garrigues Málaga Labor and Employment Department principal associate ('Economist & Iuris').
The much-discussed labor reform
Article by Misericordia Borrás, Garrigues Barcelona Labor and Employment Department partner ('Diari de Tarragona').
Article by Francisco Javier Rojas Aragón and Francisco Javier Navarro Arias, Garrigues Murcia Labor and Employment Department partner and principal associate, respectively ('La Verdad de Murcia').
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