Labor Newsletter - May 2023
The labor framework: between legislative chaos and demolition of the traditional labor relations model
Federico Durán López
In 2022 alone and so far in 2023, there have been at least ten important legislative amendments to labor and employment matters in laws which are not not specifically labor-related. And there are a few bills in the works which will also establish rules having a direct impact on labor relations. This is prompting a silent demolition process of the traditional labor relations process.
News update
Partial modification of social security contributions order for 2023
The new order updates the lower limit for the social security contribution base in each regime in relation to the minimum wage approved for 2023.
High temperatures will mean employers must adopt preventive measures in order to protect employees
Royal Decree-Law 4/2023 establishes the obligation to foresee adequate measures against risks related to adverse meteorological phenomena, including the prohibition to carry out certain tasks during daylight hours with extreme temperatures.
On the radar
- Employer and employee representatives sign the 5th Employment and Collective Bargaining Agreement 2023-2025
- Negotiations between employer and employee representatives continue for the approval of an Interns’ Statute
- The Council of Ministers approves the Bill for the Families Law which includes types of leave and measures in the field of labor law
- The Advocate General at the CJEU finds that a public entity may prohibit its employees from wearing any visible sign of religious belief at the workplace
Judgments
- On-call time not needing to be spent at a specific place is not considered working time
- A dismissal on the ground of unfair competition is held justified where the worker offered freelance services on Instagram
- Dismissal on objective grounds is justified in cases of a decline in volume for the contract for works/services
- Law 15/2022 is not applicable in a case of dismissal on grounds of unjustified absences after receiving a fit-for-work note from a doctor
- The employer cannot accept retraction of a notified resignation by a worker, if it has already signed a pre-contract with another worker
- The dismissal of a call center operator for cutting off calls with customers is held justified
And also...
In this article we look at the current working hours and those under discussion in Chile, Colombia, Peru and Mexico, and their implications on productivity levels.
Chile: Main aspects associated with new law that will reduce working hours to 40 hours a week
With the recent approval of the Chamber of Deputies, the 40-hour law is now a reality in Chile. We explain the main points of the new law and when it will start to be applied.
Garrigues Labor and Employment and Sustainable
European Parliament approves the proposal for a directive on pay gap
The proposal reinforces the principle of equal pay for men and women with the aim of closing the pay gap.
The directive to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms has been published. In addition, a resolution of the European Parliament addressing very diverse aspects relating to disability, forming part of the European Union Strategy for the Rights of Persons with Disabilities 2021-2030.
On May 3, 2023, the Council of Ministers agreed to initiate this procedure, which will be available until May 25, so that those who may be interested in the text of the preliminary draft can make their contributions.
Labor and Employment Blog
- Major occupational health and safety challenges on the horizon in Spain
- Equality Plan: Can the employer implement a plan unilaterally if the union refuses to negotiate?
- Is a worker who has taken voluntary leave of absence entitled to extend its term when it comes to an end?
- Four-day workweek: a myth or reality?
- Notification to indefinite-term seasonal workers by 'Whatsapp': is it possible?