Labor Newsletter - September 2022
Spain: Employment contracts following the reform
Federico Durán
Now the labor reform is fully operative, its effects on employment and on employment contracts are starting to be delineated quite clearly. Looking beyond the objectives announced by the lawmakers and the aims sought by proponents of the change to the legislation, the behavior of the labor market allows us to identify the trends that will predictably take shape while the legal framework introduced by Royal Decree-Law 32/2021 is in effect.
NEWS
- Government proposes a minimum wage increase amounting to 60% of Spanish average wage
- Government approves package of measures for energy saving, energy efficiency and reducing natural gas dependency
- Organic Law 10/2022 on the comprehensive guarantee of sexual freedom introduces rights and obligations in the labor law field
- New contribution system based on earnings from self-employment approved and Government considers raising social security maximum contribution base
- Law encouraging occupational pension plans published
- New comprehensive law for equal treatment and non-discrimination also applies in the employment context
- Measures laid down for monitoring animal welfare at abattoirs by installing video surveillance systems
- Spanish council of ministers approves Bill for Organic Law, which includes the right to leave for medical symptoms caused by incapacitating menstrual periods
- Household employees to have unemployment benefit
- Extension of restrictions for layoffs linked to grounds arising from the war in Ukraine
- CJEU advocate general concludes that employer has to pay the cost of a worker’s corrective lenses to continue working with display screens
JUDGEMENTS
- Supreme Court reiterates that it is lawful to readjust time off work for union duties for union delegates where size of workforce reduces
- Existence of proof breaching fundamental rights in a dismissal proceeding may result in dismissal being held null and void or unjustified depending on its connection with termination of the employment contract
- Unilateral reduction of pay supplement is a breach of employer’s salary obligation and worker’s right to claim it does not become statute-barred
- National Social Court holds to be invalid a clause requiring workers to provide personal email addresses to employer
- Justified dismissal of employee who took leave that had been denied when requested from employer
- Madrid High Court ratifies dismissal on the ground of engaging in private activities during remote working hours
GARRIGUES SUSTAINABLE - LABOR AND EMPLOYMENT
A guide to prepare gender-sensitive pay audits is published
The Ministry of Equality has prepared, together with the Ministry of Employment and employee and employer representatives, an informative document that seeks to facilitate compliance with pay audit obligations.
Listed companies should aim to have at least 40% of non-executive director positions filled by members of the under-represented sex, or 33% of all director positions, including executive directors. The deal also sets out guidelines for selection processes.
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