Labor Newsletter - September 2023

The internal whistleblowing channel and its impact on labor relations (I)

Federico Durán López

In this first installment on the recently introduced whistleblower protection law, the author raises questions about the requirements to be met by the complaints channel or the possibility of sharing the system and the resources allocated to its management with other companies.

KEEP READING

On the radar

• New employment incentive scheme in force
• The UGT union calls for a 35-hour working week and an increase in the minimum wage
• EU labour ministers make progress on regulating telework and digital disconnection
• The Spanish government proposes to the European Parliament to extend the ratification of ILO Convention No. 190 to the whole of the EU
• The State Office for Combating Discrimination in the Labour Inspectorate is set up
• The Trainee Statute and the transposition of the Directive on transparent working conditions remain on the legislative agenda

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Judgements

• It is not necessary to communicate the objective dismissal to the workers' legal representatives on the same day as to the employee concerned
• The objective dismissal of a employee who was unable to use the computer software necessary for her job is declared justified on the grounds of supervening ineptitude
• The High Court of Justice of Madrid reiterates that the right to family reconciliation does not grant an absolute right to demand teleworking by employees
• The High Court of Justice of Madrid declares the company's review of WhatsApp conversations between its employee and clients through the mobile phone that the employer provided her with to carry out work activity lawful
• The Supreme Court declares that the use of a common valuation algorithm between the main company and the subcontractor may be an indication of illegal assignment

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Garrigues Labor - Sustainable

Eighth anniversary of the adoption of the SDGs: UN launches rescue plan for people and planet

On the eighth anniversary of the adoption of the 2030 Agenda and the 17 Sustainable Development Goals (SDGs), the 2023 SDG Summit in New York on 18-19 September launched a new phase of accelerated progress towards their achievement with the launch of a rescue plan for people and planet.

The European Commission approves first set of standards for sustainability reporting by companies

In compliance with the mandate of the Corporate Sustainability Reporting Directive (CSRD), the European Commission has adopted the delegated act adopting the first set of reporting standards.

Labor and Employment Blog

• The EU equates cross-border teleworking to the EU posted employees
• In the event of dismissals for objective reasons, at what point the worker’s legal representatives must be provided with a copy of the letter?

Press

Six months’ prior notice to close a workplace: the latest labor law surprise from the legislature

Article by Eloy Castañer, Garrigues Labor and Employment Department partner, in Cinco Días.

Freelance professionals or false self-employed workers? In these cases there is an employment relationship

Article published in The Objective with the opinion of Cecilia Pérez, Garrigues Labor and Employment Department partner.

The seams of indefinite-term contracts for seasonal work: a year and a half after coming into vogue, the OECD and economists cast doubt on their efficacy

Article in Business Insider with the opinion of Clara Herreros, Garrigues Labor and Employment Department partner.

Spain's six-month notice period for some mass layoffs unclear, legally questionable

Article by Eloy Castañer, Garrigues Labor and Employment Department partner, in the publication International Employment Lawyer.

Latin America

• Peru: Keys to Indecopi’s recent decision declaring that the ban on outsourcing nuclear activities is a bureaucratic barrier
• Colombia: Law 2306 of 2023 extends breastfeeding period