From Policies to Practice: Understanding Spain’s Employment Evolution in 2023

First Quarter

Organic Law 14/2022 (23/12/2022): Reform of Offences against Moral Integrity, Public Disorder, and Smuggling of Dual-Use Weapons

  • Introduces the possibility of imposing criminal sanctions on employers who establish illegal conditions for their workers through formulas outside the employment contract.

Law 28/2022 (23/12/2022): Promotion of the Start-up Ecosystem

  • Introduces an international visa for teleworkers, whether employed or self-employed.

Law 31/2022 (1/1/23): General State Budget for the Year 2023

  • Increases the maximum contribution base by 8.6%, reaching 4,495.50 euros per month or 149.85 euros per day for self-employed workers.
  • Implements an intergenerational equity mechanism with an additional 0.6% increase in the contribution base for common contingencies.
  • Adjusts contributions for self-employed individuals based on net income.

Royal Decree-Law 1/2023 (12/1/23): Urgent Measures on Employment Contracts and Enhancement of Social Protection for Artists

  • Reimburses Social Security bonuses and subsidies in cases of business relocation.
  • Introduces ex officio review in registration acts for non-compliance with legal prescriptions.
  • Empowers the Social Security General Treasury to verify contributions in the simplified settlement system.
  • Modifies the contribution base in case of reduced working hours and suspension of working time.
  • Mandates training actions for eligibility for exemptions in:
    • ERTE due to ETOP causes
    • ERTE RED cyclical mode
    • ERTE RED sectoral modality
    • Maintains partial retirement in the manufacturing industry.
  • Amends the procedure for the reimbursement of unemployment benefits improperly received.
  • Sets a maximum 6-month period to resolve settlement procedures for economic contributions in companies with benefits conducting collective redundancies affecting workers aged 50 or over.

Law 3/2023 (2/3/2023): On Employment

  • Strengthens the Labour Inspectorate in Employment Regulation Proceedings.

Law 4/2023 (2/3/2023): Real and Effective Equality for Trans People and the Guarantee of Rights for LGTBI People

  • Establishes an action protocol to address harassment or violence against LGTBI people.
  • Introduces new causes of discrimination in labour relations, including sexual identity, gender expression, or sexual characteristics.
  • Mandates the implementation of methods for the prevention and detection of situations of discrimination, along with measures for their immediate cessation.
  • Introduces new offences and sanctions in the social order, categorizing unilateral decisions by a company involving discrimination based on sexual orientation and identity, gender expression, sexual characteristics, or harassment related to these circumstances as serious. Also classified as a very serious offence is the solicitation, during selection processes, of personal data on sexual orientation and identity, gender expression, or sexual characteristics.

Second Quarter

Royal Decree-Law 1/2023 (1/4/2023): Urgent measures regarding incentives for employment contracts and improvement of the social protection of artists.

  • Amendments to the General Social Security Law about the performance of artistic activities, including the compatibility of retirement pensions with artistic activity and reduced contributions for low-income self-employed artists.

Royal Decree 1060/2022 (1/4/2023): On the management and control of temporary incapacity processes during the first three hundred and sixty-five days of their duration.

  • The obligation to present the sick leave report during the three days following the sick leave is abolished.

Organic Law 1/2023 (1/6/2023): On sexual and reproductive health and the voluntary interruption of pregnancy:

  • New incapacitating circumstances (temporary incapacity due to incapacitating menstruation).
  • New temporary incapacity due to voluntary or involuntary interruption of pregnancy.
  • New temporary incapacity for advanced gestation from the 39th week.

RDL 5/2023 (30/6/2023): New Developments in Work-Life Balance for Parents and Carers

  • Prohibits discrimination for exercising rights of reconciliation or co-responsibility for family and work life.
  • Introduces a new regulation on workers’ rights to adapt the length and distribution of working hours.
  • Expands the cases provided for in Articles 53.4 and 55.5 of the Workers’ Statute due to objective nullity.
  • Extends leave for reconciling personal, work, and family life (Art. 37.3 and 37.9 of the E.T.).
  • Extends planned reductions in working hours for caregiving, including for spouses or unmarried partners.
  • Extends leave of absence for childcare, including for spouses or unmarried partners, as well as blood relatives of unmarried partners.
  • Introduces new leave for single-parent families in cases of disability of the child born, adopted, or in foster care for adoption or fostering purposes.
  • Regulates parental leave as a cause for the suspension of the employment contract (Art. 45.1 of the E.T.), without the right to remuneration (Art. 45.2 of the E.T.), for the care of a son, daughter, or foster child for a period exceeding one year, until the child reaches the age of eight.

Third Quarter

Organic Law 1/2023 (1/9/2023): Incentives for Employment Contracts and Improvement of Social Protection for Artists

  • Provides allowances to hire individuals with limited intellectual capacity or those readmitted after leaving the company due to permanent disability.
  • Offers allowances for hiring women who are victims of gender violence, sexual violence, trafficking, and sexual or labour exploitation.
  • Includes allowances for reconciliation measures (e.g., contributions for individuals replaced during childbirth and childcare, risk during pregnancy, etc.).
  • Encourages the hiring of socially excluded individuals, long-term unemployed individuals, and victims of terrorism.
  • Grants bonuses for training contracts and the transformation into open-ended contracts.

Royal Decree-Law 2/2023 (1/10/2023): Extending Pensioners’ Rights, Reducing the Gender Gap, and Establishing a New Framework for the Sustainability of the Public Pension System

  • Delays the entry into force of trainees’ contributions to 1 January 2024.
  • Increases the Intergenerational Mechanism to 1.2 points in 2029.
  • Implements an increase in contribution bases and additional solidarity contributions in 2023.
  • Introduces a new method for calculating the regulatory base of the retirement pension.

Royal Decree 608/2023 (13/7/2023): RED Mechanism for Employment Flexibility and Stabilisation of Employment

  • Functioning of the RED Mechanism established in Article 47 bis of the Workers’ Statute (ET)
  • Obligation to notify, at least six months in advance, the labour authority and the Ministry of Labour of the intention to close one or more workplaces when this involves:
    • The definitive cessation of activity, and
    • The dismissal of fifty or more employees.

Management criterion 19/2023 (25/7/2023): Abolition of the assimilation of COVID-19 infections as occupational accidents.

  • End of considering COVID-19 infections as an accident at work or occupational disease.

Framework Agreement on Regulation (EC) No 883/2004 (01/07/2023): Regular cross-border teleworking

  • A worker who teleworks across borders may request the application of the legislation of the State where his employer has its premises or domicile concerning social security regulations.

Fourth Quarter

Law 2/2023 (1/12/2023) Protection of persons reporting regulatory and anti-corruption breaches (Whistleblowing Channel)

  • Obligation to have an Internal Reporting System:
    • Companies with more than 250 employees: by 13 June 2023
    • Companies with between 50 and 249 employees: by 1 December 2023

See our Infographic

If you need additional information regarding Spain’s employment laws in 2023,

This article is not considered legal advice

Mariscal Abogados provides corporate labour advice (employment contracts, collective bargaining, dismissals...). If you have a query, do not hesitate to Contact us.