Labor Newsletter - November 2023
The internal whistleblowing channel and its impact on labor relations (II)
In this second installment on the recently introduced whistleblower protection law, we analyze the requirements that the new Spanish regulation and the European directive establish regarding the implementation of the whistleblower channel and delve into the way in which it should be managed by companies.
News update
The work calendar in Spain for 2024 has been published
The Decision of October 23, 2023, by the Directorate-General of Labor, publishing the list of public holidays for 2024 has been published in the Official State Gazette, and sets out the public holidays for next year.
On the radar
- Main employment implications of the investiture agreements
- The trade union UGT proposes to increase compensation for unfair dismissals
- The European Committee of Social Rights will not decide on the procedure for compensation for unfair dismissals until 2025
- The Bank of Spain will oblige banks to publish the gender pay gap
- The Labor Inspectorate intensifies the campaign on the control of equality plans and measures
Judgements
- The Supreme Court declares a dismissal for theft of goods to be justified regardless of their value
- Compensation in addition to what is provided for unfair dismissal is denied
- The 30-minute alteration in working time does not constitute a substantial change in working conditions
- Refusal of a request for an adjustment of working hours on the grounds of the requirements of the employer's customer is valid
- Commissioning an external company to carry out a situation diagnosis when developing the equality plan does not infringe trade union rights
- The company is not obliged to provide ergonomic chairs for teleworking staff
Labor and Sustainable
The Recommendation includes measures promoting the role of the social economy in labor market integration and social inclusion. The Conclusions on mental health and precarious work contain a set of suggestions with the aim of promoting the psychological well-being of employees.
In compliance with the mandate given in the corporate sustainability reporting directive (CSRD), the European Commission has approved a delegated act adopting the first set of reporting standards.
Spain: The CNMV analyzes ESG reporting by listed companies as required by the EU taxonomy
The report looks at the documentation provided by companies and provides some brief general recommendations to help improve the information published.
Latin America
These are the labor aspects of the proposed New Constitution of Chile and its effects
These are the labor aspects of the proposed New Constitution of Chile and its effects
The draft text, which will be put to a vote in December, introduces new labor-related developments to which companies will have to pay particular attention.
Labor and Employment Blog
Can a dismissal with formal defects be remedied?
Occasionally, a dismissal can be frustrated by not complying with a series of formal requirements. In such cases the labor regulations provide for some options allowing companies to rectify the dismissal and make it valid.
Labor and employment implications on the use of instant messaging applications
The widespread use of new communication tools such as instant messaging applications has legal and labor implications that should be taken into account. We review some rulings in this regard.
Temporary disability does not automatically declare the dismissal null and void
After a year of application of the Integral Law for equal treatment and non-discrimination, the labor courts and tribunals have made a criterion up progressively on the dismissal of employees in a situation of temporary incapacity.
The “necessary” hearing of the employee prior to his/ her disciplinary dismissal
Recently, several court rulings have been handed down on the alleged obligation to comply with the prior hearing of the worker in cases of disciplinary dismissal. These rulings may change the procedure to be followed in future dismissals.
May children’s extracurricular activities justify a certain adaptation of the working day in Spain?
Since its introduction in our legal system, the adaptation of working hours regulated in article 34.8 of the Workers’ Statute has been gaining ground as a measure to reconcile the work and family life of employees. However, the adaptations requested do not always meet the requirements of reasonableness and proportionality established in the law.
Press
Juan Francisco Argente, counsel in the Valencia office of Garrigues, comments for the General Council of Spanish Lawyers on the ruling handed down by the Spanish High Court in a case he advised for a client of the firm.
The Supreme Court declares the dismissal of an employee for the theft of 5 euros worth of products to be justified
Unai Miguel, senior associate in the labor law department of Garrigues' Bilbao office, assesses for Confilegal and for El Correo the firm's victory in defense of a client before the Supreme Court, where the High Court upheld the dismissal of an employee for the theft of products worth 5.50 euros.
The company is not obliged to provide its teleworkers with an ergonomic chair
The newspaper Cinco Días reports on the ruling won by the company, which was represented by Eloy Castañer, a partner in the Labor Department of Garrigues.
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