Labor Newsletter - September 2021
Remuneration register in Spain: doubts regarding the prior consultation and evaluation of job positions
Federico Durán López
The regulatory development of the remuneration register goes beyond what the legal rules would allow and generates numerous interpretative doubts.
News
- The Government agrees with the trade unions on an increase in the minimum interprofessional wage (SMI) in 2021
- The Government and the social partners resume negotiations on the extension of the ERTEs (temporary lay offs)
- The Charter of Digital Rights is presented with measures in the labor field
- The Labor Directorate General clarifies that the provisional regime of teleworking during COVID-19 remains in force as long as the health measures are maintained
- The Government seeks to increase the efficiency of the Labor Inspection through a new Royal Decree
- The Government proposes to increase the length of paternity and maternity leave and to create a new universal parenting allowance
- The European Commission announces a new proposal for a recommendation on individual learning accounts
Judgments
- The Constitutional Court allows to question in an individual proceeding the cause of a collective dismissal that has ended with an agreement
- It is not contrary to the freedom of association for the company to meet with the workers or collaborators to inform them of its position
- The establishment of a hot desk system does not constitute a substantial modification of working conditions
- The company is not obliged to indicate the remuneration when delivering the basic copy of the contracts to the workers' representatives
Labor and Employment Law Blog
It is possible to deduct part of a worker’s salary for arriving late to work
Labor Chamber Four of the Supreme Court has ruled that companies can deduct the time a worker arrives late to work from his/her salary if it is on a regular basis. The Court considered that “if the failure to provide services is solely attributable to the worker who arrives to work late, the services provided do not coincide with the remuneration accrued”. Continue reading here.
The fine red line between freedom of enterprise and religious freedom
Under debate, again is the dilemma regarding which right should prevail: that of employers to make their business a neutral space from an ideological, philosophical and religious perspective, or that of workers to make visible their convictions, also in the workplace, where they do not cease to be persons? Continue reading here.
From Jägermeister to justified dismissal: controversial conduct by workers on sick leave
Although certain sources claim that the famous German liquor Jägermeister was used during the Second World War by soldiers as an anesthetic and disinfectant, we are still unaware (at least officially) of its properties in dealing with anxiety and depression and its consumption by workers on sick leave could be questioned. Continue reading here.
An equality plan cannot be negotiated with an 'ad hoc' committee
The Supreme Court has held, in a judgment of January 26, 2021, that the equality plan negotiated with a committee of five workers appointed by the employer itself is null and void. Continue reading here.
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Garrigues Labor and Employment in the press
A more flexible labor framework would reduce temporary hiring
Article by Sergio Santana, senior associate in the Labor Department of Garrigues in Valencia ('Economía 3').
On the new pensions
Article by Misericordia Borrás, partner of the Labor Department of Garrigues in Barcelona ('Diari de Tarragona').
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