Labor and Employment Newsletter - November 2025
Mandatory retirement and equality
The ability for collective agreements to allow mandatory retirement at ordinary retirement age has significant implementation limitations and difficulties.
News
Council of Ministers approves the preliminary draft of the Statute of Interns
The preliminary draft seeks to prevent internships from replacing actual jobs and must go through parliament.
The purpose of the text, which must now continue its parliamentary process, is to recognize the right to safe, accessible, and sustainable mobility and to modernize its planning, financing, and governance.
*This regulation has finally been approved. In this post, we analyze the most relevant points.
Spain’s work calendar of 2026 published in the Official State Gazette
The calendar includes seven national holidays, in addition to those of the different autonomous communities.
On the radar
- The Government plans to expand bereavement leave and regulate leave for the care of people in palliative care
- EU Council approves revised directive amending rules on European Works Councils
- The Labor and Social Security Inspection Authority publishes Guide to Inspections on Work on Digital Platforms - Delivery Tasks
- Spanish Lower House approves initiative aimed at promoting remote working to entice people back to the "hollowed-out Spain"
Judgments
- Per diems and mileage do not apply to permanent changes of workplace
- Approval by silence applies in the registration of equality plans and renders void a late refusal by the authorities
- The National High Court holds that the parental leave under article 48 bis of the Workers' Statute is not paid leave
- An employer's request to the legal representatives for a general justification of use of time allocation is held valid
- A system that adjusts incentives based on the days worked during sick leave of less than thirty days is not considered discriminatory
- A one-hour change to start times does not constitute a substantial modification of working conditions
Labor and Employment Blog
The challenge of an ageing population is driving new employment policies aimed at seniors
In view of the ageing of the population, public strategies are being approved aimed at promoting the employment of seniors, while encouraging policies at the company level to promote labor inclusion and retention of senior talent.
What is the cost of unfair dismissal in Spain? Certainties and doubts
There has been much debate about compensation for unfair dismissal in Spain in recent times. Although the Supreme Court has settled the issue in the light of existing legislation, a legislative initiative for its reform is under way.
This is how retirement and contributions will change from 2026
With the new year approaching, the application of new rules for calculating the retirement pension will begin (extending periods for calculating the regulatory base) and for the integration of gaps in contribution periods. In addition, the contribution to the Intergenerational Equity Mechanism and the additional solidarity contribution will be increased.
The new Strategic Plan of the Labor and Social Security Inspection Authority establishes the priority lines of inspection action for the years 2025-2027, defined by 10 objectives (such as detecting fraud in recruitment or contributions, bringing undeclared employment to the surface, controlling working hours, or guaranteeing the rights to equality and inclusion and health and safety). Knowing them is essential for companies so that they can review their degree of compliance in the priority areas of action.
In Latin America
Disabled worker quota laws in Latin America
In recent years, inclusion in the workplace of people with disabilities has gained special importance on the legislative agenda of various Latin American countries. The regulatory frameworks in the region have evolved to establish specific obligations for employers, with the aim of reducing barriers to access to employment and promoting equal opportunities in the workplace. We analyse this and other relevant topics in our Latin American Labor Newsletter.
Garrigues Labor and Sustainable
The CNMV clarifies how to apply parity on boards of directors and in senior management
The authority provides practical criteria and reinforces its role in supervising and supporting compliance with the regulations.
The European Commission's proposal, included in the Omnibus package, is now entering the final stage of its processing.
In the press
This article published in Confilegal analyses how the ageing of the Spanish population is driving new employment policies focused on senior talent. Our partner at the Labor Department, Cecilia Pérez, stresses that the demographic challenge makes it necessary to strengthen public strategies for active employment support for people over 45 years of age and to adapt social protection systems to encourage later or more flexible retirement.
Contact
