Archive for category: Labor

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Claiming holidays not taken by the worker

The High Court of Justice of Madrid declares the right of a worker to be compensated for holidays beyond the last year of work. The judges of the Chamber of the Madrid High Court of Justice in the judgment handed down…

More limitations to the company's ability to adjust employees' schedule

Recent rulings consider that minor adjustments to employees' working hours, which previously could be varied unilaterally by the company, must now pass the control of substantial modifications of working hours in case they…

Social Security allows you to choose your retirement date

Royal Decree 453/2022 of 14 June regulates the determination of the triggering event and the effects of retirement in its contributory modality. What do we mean by "triggering event"? The qualifying event is the date…

Limitation of redundancies among the measures contained in RD-Law 6/2022

Find out about the new labour and Social Security measures introduced in the new Royal Decree-Law 6/2022 of 29 March adopting urgent measures within the framework of the National Response Plan to the economic and social consequences…

The Supreme Court puts an end to the debate on how the increase in the minimum wage affects collective bargaining agreements

The Fourth Chamber of the Supreme Court in its recent rulings considers that the increase must be applied in the terms contemplated in the Workers' Statute, not affecting those who are already receiving a higher salary on…

Approval of a further extension of the ERTEs

The approval of a new Royal Decree Law (2/2022 of 22 February) proposes new measures to support companies and the self-employed to overcome the COVID-19 crisis. Today, 23/02, the Royal Decree Law 2/2022 of 22 February…

Main labour aspects and novelties of the General State Budget for 2022

We analyse the most relevant labour aspects of Law 22/2021 published on 29 December 2021. On 29 December 2021, the new State Budget was published. Below is a summary and schematic presentation of the most relevant points…

Invalidity of the unsuccessful probationary period

The Supreme Court held that the dismissal of a pregnant worker was null and void because the probationary period was not specified and only referred to the maximum fixed by the Collective Agreement. The Supreme Court,…

Limits to functional mobility in the replacement contract

The Supreme Court authorises the possibility of performing functions other than those performed by the person replaced in an interim contract. According to STS no. 1195/2021 of 1 December, the performance of functions…

Modification of the pension system

(Law 21/2021 of 28 December on guaranteeing the purchasing power of pensions and other measures to strengthen the financial and social sustainability of the public pension system). Below are those modifications that refer…

What's new in the new Labour Reform

On 31 December 2021, Royal Decree-Law 32/2021 of 28 December, on urgent measures for labour reform, the guarantee of employment stability and the transformation of the labour market, which amends the Workers' Statute and…

Obligation for companies to have a complaints channel and a harassment protocol

17 December is the deadline for EU countries to transpose into national legislation the EU Directive 1937/2019 which obliges companies to have a protocol for reporting irregular practices. The deadline for Spain to adapt…

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