Labor and Employment Newsletter - September 2025
New attacks aimed at subcontracting (from Europe this time)
The European Parliament has called on the Commission to consider establishing a framework directive to address the challenges and complexities associated with employers' obligations in subcontracting chains and labor market intermediaries in Europe.
News
Publication of the 2025-2027 Strategic Plan of the Labor and Social Security Inspection Authorities
The Plan is built around 17 objectives stretching across the various areas of activity of labor and social security inspectors and contemplates an increase in inspector and subinspector numbers, investment in improving technology and the creation of a digital forensics laboratory for obtaining digital evidence.
Approval of extension of leave for birth and childcare
Birth leave has been extended from sixteen to nineteen weeks (thirty-two for single parents), and the law also provides for the distribution of these types of leave.
On the radar
- The Council of Ministers sets an urgent procedure in motion for a modification to the recording of working time
- Partial strikes called for October 15 due to the conflict in Gaza
- Social Security authority asks the OECD for advice to curb absenteeism
- Spain fined for not transposing measures in the European work-life balance directive
- Approval of the Interns’ Statute is expected by the end of the year
- The Government indicates that it will ask the Committee of Experts to make a recommendation on the increase in the minimum wage
Judgments
- The Supreme Court confirms that an employer is not required to provide ergonomic chairs to all remote workers
- Not every sudden alteration in health occurring in the workplace should be classed as an occupational accident
- There is no violation of freedom of association, or the right to collective bargaining in a case of exclusion of the union from the joint committee
- Time spent serving as members of electoral boards in elections for workers’ unitary representatives, both for works councils and staff delegates, is not actual working time
- Not every dismissal carried out while the worker is on medical leave can be classified as invalid
- A worker who expressly rejects a vacancy after the end of a leave of absence cannot claim unfair dismissal
Labor and Employment Blog
New regulations on early retirement in arduous, toxic, dangerous or insalubrious activities
A new procedure has been established to determine the cases in which it is appropriate to bring forward the retirement age, through the application of reduction coefficients, in professional activities with exceptional hardship, toxicity, danger or insalubriousness. In this post we explain the main new features to be aware of.
Tune-up for companies with more than 50 employees: review of their main employment obligations
With the start of the “new school year” after the summer break, it is a good time to evaluate the fulfilment of the main labor obligations of companies. In this post we review the specific and most relevant ones of companies with 50 or more employees.
Changes in labor legislation planned for 2025: status of processing
Once the “political year” has ended for the summer break in Spain, it is time to recapitulate to have on the radar possible developments in labor legislation that could see the light in the last four months of the year.
Vacation and leaves of absence: which right prevails?
When an unforeseen event occurs that gives rise to paid leave during vacation days, can these be interrupted to enjoy the leave, delaying the date of return from the vacation days or changing them for another time?
In Latin America
This new interpretative legislation states that, in the absence of an agreement between the employer and the employee, the employer can determine the day of the working week on which the proportional reduction of working hours will be applied.
Peru: Labor protection measures enacted for workers diagnosed with cancer
On September 4, 2025, Law No. 32431 was published, declaring to be null and void any dismissal based on a cancer diagnosis, its treatment, or the resulting effects.
Chile: From August 2025, employers must contribute an additional 1% in social security contributions
An amount equal to 0.1% will go to the worker's individual account held by the Pension Fund Manager and 0.9% will go to the Social Security Pension.
Mexico: New obligations to protect people who work standing up
The Ministry of Labor and Social Welfare published guidelines in relation to the provisions of the so-called Silla Law (i.e., Chair Law), in force since July 17.
Colombia: How new Guidelines for apprenticeship contracts in the private sector should be applied
The apprenticeship contract has been redefined as a special working arrangement with new obligations for private sector employers. The recent labor reform and a circular issued by the Ministry of Labor establish key changes regarding length, payments, social security membership and rights of apprentices, applicable from June 25, 2025.
Garrigues Labor and Sustainable
Garrigues Sustainable Newsletter - July 2025
In this newsletter we compile the most relevant legal news on ESG matters in Spain, published by Garrigues and G-advisory.
In the press
Nestlé case: Don't call it love, when you mean conflict of interest
As a result of the dismissal of a CEO for hiding a relationship with a subordinate, a debate has arisen regarding workplace romances. In this article from El País, Eloy Castañer, partner in charge of the Labor and Employment Department at Garrigues, shares his opinion and explains that "a general and absolute prohibition could be considered discriminatory, as well as contrary to employees’ rights to privacy." However, this does not mean that codes of ethics cannot regulate the need to assess certain situations that could give rise to conflicts of interest.
Various media outlets, such as El Economista and Cinco Días, have echoed this ruling, which refers to a case advised by Garrigues' Labor and Employment Department. The Supreme Court pointed out that rejecting the union's request does not violate equality with respect to on-site workers because the chair is not a working condition like schedule or pay. The General Council of the Spanish Judiciary has published a note in this connection on its website.
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