Labor Newsletter - September 2021 | News

The Government agrees with the trade unions on an increase in the minimum interprofessional wage (SMI) in 2021

The Government has agreed with the unions on an increase in the minimum interprofessional wage of 15 euros for the year 2021, to be applied retroactively from September 1, 2021. The employers' association has not been part of the agreement as it considers that it is not the right time to carry out the increase because it could be a burden on the evolution of unemployment.

The agreement reached aims at 2023, with the objective of reaching 1,000 euros on January 1, 2022 and 1,060 euros on January 1, 2023.

The Government and the social partners resume negotiations on the extension of the ERTEs (temporary lay offs)

The ERTEs are scheduled to expire on September 30, 2021.

The trade unions have requested that they be extended until January 31, 2022, with the aim of also covering the Christmas season. The Government expects to reach an agreement for their extension with the social partners in the coming weeks.

The Charter of Digital Rights is presented with measures in the labor field

The Government presented the Charter of Digital Rights last July 14, 2021, as we reported in this alert.

The charter does not have a regulatory nature and its objective is to recognize the application and interpretation challenges that the adaptation of rights to the digital environment poses, as well as to suggest principles and policies referring to them in the aforementioned context.

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 Telework Law contemplates a special transitional system that determines the inapplication of the rule to telework implemented exceptionally as a consequence of the health containment measures derived from COVID-19.

Some debate has been generated in relation to the end date of the transitional system, especially as a consequence of the loss of validity of Article 5 of Royal Decree-Law 8/2020, which established the "preference" of teleworking.

However, the Labor Directorate General has expressly stated that the transitional system remains in force "as long as the application of the health containment measures derived from the COVID-19 on the territorial scope where the work activity of a face-to-face nature must be developed" is maintained.

The  Government seeks to increase the efficiency of the Labor Inspection through a new Royal Decree

Through Royal Decree 688/2021, of August 3, which amends the General Regulations on procedures for the imposition of penalties for social order infractions and for the settlement of Social Security contributions, the Government aims to improve the efficiency of the Labor and Social Security Inspection (ITSS), guaranteeing the effectiveness and dissuasive nature of the penalties.

One of the main novelties of the regulation is the possibility for the inspection to carry out an automated administrative activity in the sanctioning procedure, using massive data analysis to establish non-compliance. The Royal Decree provides that the intervention of an inspector is not necessary for the development of this automated activity.

On the other hand, the ITSS has published its strategic plan for the years 2021, 2022 and 2023, which reflects the intention to strengthen the inspection's capacity to act in all the areas where it exercises its competences.

The Government proposes to increase the length of paternity and maternity leave and to create a new universal parenting allowance

The Government has presented the main aspects of the Draft Bill on Family Diversity, which is expected to be approved by the Council of Ministers before the end of 2021. The possibility of increasing paternity and maternity leave to 6 months is being studied, as well as establishing a universal parenting allowance.

The European Commission announces a new proposal for a recommendation on individual learning accounts

The European Commission has announced the intention to submit, in the fourth quarter of 2021, a new proposal for a recommendation on individual learning accounts.

They are a means to increase accessibility in adult education and close the existing gap in access to training. They are conceived as personal accounts in which training entitlements can be accumulated and spent on quality-assured training.