Labor and Employment Newsletter - March 2026
Spain -
Compilation of the most relevant legal developments in the field of labor law in Spain.
The anatocism or compounding of work breaks
A recent Spanish judgment on the overlapping of public holidays and rest days has reopened the issue of whether an additional rest day should be granted. This is not necessarily the case, there are other factors to be taken into account.
News
- Spain: Publication of the minimum wage (SMI) for 2026
- Repeal of Royal Decree-Law 2/2026, which included social security contribution measures, the rate for occupational accidents and illnesses, and restrictions on dismissal
- The Government approves the draft Law on the Intern Statute
- CCOO and UGT sign agreement for amendment of the Occupational Risk Prevention Law
- Spain ratifies ILO Convention on Maternity Protection
- Ministry of Equality starts process for the new badge for "Equality at the company and for a society free of gender-based violence"
- Social Security Ministry launches the Government Observatory of Temporary Disability
Judgments
- Determining shifts in a way that avoids the "early morning" bonus does not constitute fraud upon the law where it responds to substantiated operational needs
- Disciplinary dismissal of pregnant worker for forging medical certificate is justified
- Employer’s tolerance of counting the sandwich break as effective working time does not generate a more beneficial condition
- Parental leave is effective working time for the purposes of accruing vacation and must be taken in weekly periods
- Refusal by the employer to specify the working hours requested by a worker does not in itself constitute an indication of sex-based discrimination
- The performance of activities incompatible with temporary incapacity, such as habitual alcohol intake during pharmacological treatment, justifies disciplinary dismissal
Other publications
What is a sustainable work mobility plan and why is it important for the family business?
Labor Blog
- The use of AI in people management requires new guarantees to avoid gender bias
- Pay equity: the path towards eliminating gender pay gaps
- Use of union credit: prior notice and justification?
In the press
- Spain creates a public body to curb high absenteeism rates
- The Intern Statute guarantees that students can work and receive unemployment benefit
In Latin America
- Peru: Main criteria to ensure a discrimination-free work environment for women
- Mexico continues the legislative process for reduction of the 40-hour working week
- Peru: Five key rulings on the Day for the Fight against Sexual Harassment at the Workplace
- Mexico: INM adjusts fees for immigration procedures for 2026 and reinforces the need to provide reasons for stay
- Peru redefines the payment of remuneration by incorporating digital wallets as a regulated channel
- Peru: Employment benefits broadened for workers with cancer
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