Labor Newsletter - May 2022 | News

Social security contributions order for 2022 has been published

Order PCM/244/2022, of March 30, 2022, implementing the statutory provisions on social security, unemployment, business income protection, wage guarantee fund and occupational training contributions for 2022 has been published, with backdated effects to January 1, 2022. The order determines the maximum and minimum contribution bases and rates starting on January 1, 2022.

The maximum contribution base has been set at €4,139.40, whereas the lowest amount is €1,166.70, as we reported in this alert.

Government approves layoff limits, labor measures for specific sectors and increase in guaranteed minimum income

Royal Decree Law 6/2022, of March 29, 2020, adopting urgent measures under the National Plan in response to the economic and social consequences of the war in Ukraine, published in the Official State Gazette on March 30, has introduced a number of labor and social security measures which came into effect on March 31, 2022.

The royal decree has introduced limits on layoffs for companies benefiting from the support granted under the new legislation, and precluded the increase in energy costs from being used as an objective ground for dismissal until June 30, 2022. This same limit applies to any companies adopting the measures consisting of reduced working hours or suspended contracts under article 47 of the Workers’ Statute on grounds related to the invasion of Ukraine.

For further details see our alert.

Legislation adopted on procedure applicable to RED Mechanism for Employment Stability and Flexibility

Royal Decree 4/20222 of March, 2022 adopting urgent measures to support the agricultural sector as a result of the drought, provides for the creation of the RED Fund for Employment Stability and Flexibility  contemplated in article 47 bis.6 of the Workers’ Statute which is aimed at meeting future funding needs arising from the RED Mechanism in respect of social security benefits and exemptions, including the costs associated with training.

It also sets out rules on temporary coverage of the RED Fund’s financing and defines the procedure applicable to the RED mechanism, which will allow companies to apply for measures consisting of reduced working hours and suspension of employment contracts. These were described in this alert.

Job evaluation tool published for fulfillment of equality obligations

The job evaluation tool has been published on the Ministry of Labor and Social Economy's website, which can be used to assist with fulfilling pay equality obligations. It is a voluntary model which may be used to complete the pay audit as an integral part of the status diagnosis for the equality plan and for creating the pay register, as we reported in this alert.

Directive on work-life balance for parents and carers will have to be transposed in August 2022

Directive (EU) 2019/1158 on work-life balance for parents and carers dated June 20, 2019 states that it must be transposed by August 2, 2022 at the latest.

The directive provides for the right to four months’ paternity leave and parental leave to be taken before the child reaches up to the age of eight, something that each member state must specify. The directive also includes carers’ leave equal to five working days a year per worker and requires member states to adopt the necessary measures to ensure flexible working arrangements, as well as the right to time off from work on grounds of force majeure for urgent family reasons in the case of illness or accident making the immediate attendance of the worker indispensable.

Negotiations on the Intern’s Statute begin

Implementing the provisions in the labor reform, two negotiating panels have been set up to tackle the negotiation or bargaining process for the Intern's Statute.

The Intern’s Statute will define the content of training activities, students’ rights during those activities, along with their social security rights, and other elements. The aim of the legislation is to ensure that interns carry out activities at companies as part of their training process, and that it is presumed that an employment relationship exists where their activities fully or partially match those of employees, and otherwise wherever the activities carried out by the trainee do not fall within the range of work experience arrangements defined in the law.

Spanish public employment service’s contract forms modified following the labor reform

The Spanish public employment service (SEPE) has published an information notice on the adaptations made to its contract forms as a result of the labor reform. In relation to temporary contracts, codes 401/501 for contracts for specific project work or services have been removed, and new forms have been added for employability enhancement and labor market integration contracts with codes 405/505.

Forms have also been introduced for fixed-term employment contracts linked to programs financed out of European funds (codes 406/506), for contracts by universities for teaching and research employees (codes 409/509) and for contracts for performers in public performances (codes 407/507). Lastly, new forms will be used for the new training contracts under article 11 of the Workers’ Statute.   

Government proposes including leave for painful and incapacitating menstrual periods

The Spanish council of ministers has approved a bill reforming Organic Law 2/2010, which includes the right to leave for medical symptoms caused by incapacitating menstrual periods.

It proposes that, on producing a doctor’s report, workers should be allowed to stay at home for a few hours in their working day or for a few days if the pain prevents them from working. Social security would cover the worker’s pay for their sick leave, which would be paid right from the first day.

Other labor and employment matters on the table: a Workers’ Statute for the twenty-first century and the possibility of co-management of companies

The Labor Minister, Yolanda Díaz, has announced that a committee of experts will be set up to draw up a “major reform of Spanish labor and employment law”, by creating the “Statute for the twenty-first century”. She has also proposed a debate on the possibility of implementing mechanisms for greater participation by workers’ representatives and co-management of companies as is happening in other countries (most especially in Germany).