Labour law is the set of rules and principles that regulate legal relations between employer and employee based on a voluntary, subordinate and remunerated supply of human work with the goal of guaranteeing the completion of the parties taking part in the professional relation.
The entry into force of Royal Decree-Law 32/2021, of 28th December, aims to finish with the temporary employment and job insecurity in Spain. The rule presumes all indefinite contracts and establishes a new regulation of temporary contracts and their requirements.
In Spain, private companies with between 50 and 249 workers need to implement whistleblowing to report criminal, unethical or irregular behaviour by the company, its employees, or third parties. The four-year period to do it ends on 17 December 2023.
In Spain, with the entry into force of Royal Decree-Law 6/2019, of 1st March, any company with over 50 workers must register an Equality Plan. Failure to comply with this rule will cause administrative sanctions.
Collective agreements may establish additional formal requirements to formalize a disciplinary dismissal. Their non-compliance may result in administrative sanctions for the company.
Article 18.2 of Law 10/2021 of 9 July on remote work establishes the obligation for companies to have an internal policy defining the modalities of exercising the right to disconnection and the training and awareness-raising actions for staff on the reasonable use of technological tools.
Article 21 of the Workers’ Statute (“ET”) regulates the post-contractual non-competition clause in Spain. One requirement for its validity establishes that an “adequate financial compensation is paid to the worker”.
The end of the state of emergency in Spain marks 9 August as the end date for remote working. However, the entry into force of RDL 28/2020 encourages this type of work, whose mixed remote working models are becoming more apparent. Companies will have to adapt their labour regulations to the new law.
The new CJEU judgment questions the interpretation of Spanish case law regarding the calculation of collective dismissals thresholds, also known as ‘the timing rules’.
Royal Decree 901/2020 of 13 October regulates equality plans and their registration in Spain, and amends Royal Decree 713/2010, of 28 May, on registration and filing of contracts and collective bargaining agreements. This measure aims to reduce the wage disparity in Spain and achieve equality between men and women in the workplace.
Royal Decree-law 02/2021 addresses extensions for force majeure temporary layoffs, temporary layoffs due to economic, technical, organizational, or production reasons linked to COVID-19, and temporary layoffs for impeded or limited activities.