Labor Newsletter - March 2022 | 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 Government and social partners have reached an agreement to extend temporary layoffs and other relevant measures from a labor law standpoint, as we reported in this alert on February 23, 2022. In addition, the increase in the minimum wage has been published in the Official State Gazette.

The key elements of the new labor legislation published include the extensión until March 31, 2022 of the protection of temporary layoffs, the application of the MECUIDA Plan until June 30, 2022 and the increase of the minimum wage up to 1.000 euros per month in 14 payments.

The time period for paying social security contribution differences under the 2021 Social Security Contribution Order has been extended until June 30, 2022

The 2021 Social Security Contribution Order (Order PCM/1353/2021) published on December 4, 2021 with effects from September 1, 2021, provided that any differences with respect to contributions made on or after September 1, 2021 could be paid without any surcharges until February 28, 2022. The new Order PCM/121/2022 extends that time period until June 30, 2022.

The Contribution Order for this year is also expected to be published soon.

The European Commission publishes its proposal for a directive on improving working conditions at work on digital platforms

The general objective of the proposed directive is to improve the working conditions and social rights of people working through platforms, with a view also to foster conditions for the sustainable growth of digital platforms in the European Union.

More specifically it aims to: (i) ensure that people working across digital platforms have the right employment status with the platform and receive access to applicable labor and social protection rights, (ii) ensure fairness, transparency and accountability in algorithmic management in the context of platform work and (iii) increase transparency, traceability and awareness of developments in platform work and improve the effective enforcement of rules referring to workers, including those operating across borders.

Temporary protection to be given to people affected by conflict in Ukraine will include work and residence authorization

Two ministerial orders have been approved, increasing the temporary protection and implementing the procedure for recognition of temporary protection for people affected by the conflict in Ukraine, detailing the procedure for the recognition of such temporary protection. As the most relevant aspect, the granting of temporary protection includes the residence and work authorization.

For further details, please refer to our alert.

The Government approves the preliminary draft law transposing the 'Whistleblowing' Directive

The Council of Ministers has approved the Preliminary Draft Law regulating the protection of persons who report regulatory infringements and fight against corruption, in order to transpose Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of European Union law (better known as the Whistleblowing Directive).

The aim of the regulation is to ensure the protection of persons who whistleblow or report fraud or corruption, prohibiting any form of retaliation against them. The preliminary draft mainly regulates the following issues: (i) the legal regime to guarantee the protection of persons reporting the infringement, (ii) the regulation of information systems and (iii) the obligation to have internal information channels for companies. In relation to this last point, companies with more than 50 workers will be obliged to establish an internal whistleblower channel.

New piece of legislation on road transport includes measures in the labor field

The Official State Gazette of March 2, 2022 published Royal Decree-Law 3/2022 of March 1, 2022, on measures to enhance sustainability in road freight transport and on the functioning of the logistics chain, and transposing Directive (EU) 2020/1057 of 15 July 2020 laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector, and on exceptional measures regarding price reviews in works public contracts, as we reported in this alert.

The regulation adds a new chapter to Law 45/1999, concerning the posting of workers in the framework of the provision of transnational services, including, among others, the communication of the posting of this group’s obligations or the obligations of the transport companies.

At the same time, infringements to the Labor and Social Security Infringements and Penalties Law related to the fraudulent transnational posting of workers are introduced, as well as infringements  relating to obligations to register workers and pay social security contributions under the European Union social security regulations.

The pension revaluation for 2022 is approved

The Official State Gazette, of January 26, 2022 has published Royal Decree 65/2022 of January  25, 2022, on the review of social security pensions, of  “Public Class” public sector pensions and other state welfare benefits for fiscal year 2022, as we reported in this alert.

This rise is equal to the average year-on-year variation in the Consumer Price Index for the months between December 2020 and November 2021. The norm’s economic effects are valid from January 1, 2022.