Labor Newsletter - January 2023

Criminal law penalties for employment law breaches

Federico Durán López

The recent reform introduced in Organic Law 14/2022 of December 22, 2022 could create legal uncertainty and displays technical defects in definition of infringing conduct.

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News update

The new models of sick leave reports and the Spanish Social Security Institute’s telematic communication mechanisms to companies are published

The provisions governing the management of medical reports for sick leave are adapted to the recent changes introduced in temporary incapacity processes and incorporate the new sick leave report models.

Publication of the new system on incentives for employment contracts

The law introduces the requirements and conditions on reductions in social security contributions and incentives for hiring, among other issues.

The new Artist's Statute includes novelties on retirement, unemployment and social protection

Royal Decree-Law 1/2023, of January 10, on the improvement of social protection for artists (popularly known as the Artist's Statute) has been published, which will affect professionals in the cultural field.

Social Security Institute (INSS) will send the sick leave reports directly to the companies

Royal Decree 1060/2022 introduces changes to the management and monitoring system for sick leave processes. Among them, it states that medicals’ reports on employees will now be sent directly to employers by the authorities remotely.

Changes in the areas of labor law and social security introduced by Royal Decree-Law 20/2022

The legislation introduces measures such as the extraordinary increase in retirement and incapacity pensions, the extension of the regulation of partial retirement with the simultaneous conclusion of a hand-over contract in effect prior to the entry into force of Law 27/2011, of August 1, 2011, or the extension of the validity of the National Minimum Wage for 2022, among other issues

These are the labor and employment changes introduced by the General State Budget Law for 2023

The Budget Law contains several labor and employment provisions, including the contribution bases and rates for 2023, the average revaluation of pensions, the legal rate of interest for money and the public multi-purpose income indicator (IPREM) for 2023, among other elements.

The Startups Law regulates international remote working for foreign digital nomads

The law defines international remote working for carrying out professional or labor activities and the relevant visa requirements and residency authorizations

On the radar

• Negotiations on increase to national minimum wage (SMI) continue
• Government approves bill transposing whistleblowing directive
• Ministry of Labor expects to send draft Interns’ Statute shortly to employee and employer representatives
• Preliminary bill for Families Law includes new types of leave
• Labor inspectors endorse use of computer tools in their functions

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Judgments

• Use of logo on vehicle or use of computer tools to determine deliveries are not sufficient elements for illegal loan of employees to exist
• Court of Justice of the European Union declares that a worker is entitled not to meet the financial cost of using corrective lenses if needed for work
• A la carte working hours do not automatically mean right to work from home
• Worker’s dismissal after insulting clients in video published on social media held justified
• Waiting periods are not considered actual working time
• Indefinite strike lasting longer than 5 years held abusive and fraudulent
• Time spent removing personal protective equipment is not actual working time

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And also...

2023: The most significant legal developments that companies should keep on their radar

Garrigues analyzes from every business law angle the most significant legislative changes that are due to arrive next year.

Labor law and outsourcing: increased restrictions on this means of hiring personnel in Latin America

Regulations governing outsourcing in several Latin American countries are hindering the use of this strategic option for companies in certain areas of business. 

Garrigues Sustainable - Labor and Employment

• Directive on corporate sustainability reporting is published

• Publication of directive on improving gender balance on company boards

• The Council of the European Union publishes its Decision on guidelines for the employment policies of the Member States

• Integration of people with disabilities into the job market advancing at a sluggish pace 

LABOR AND EMPLOYMENT BLOG

• Spain – One year on from the employment contract reform: what has changed?

• Wage increases can be contained in an inflationary context

• Performance appraisal systems have labor as well as data protection implications

• The “only yes is yes” law also introduces employment changes

• Beware: improper behavior at the company Christmas dinner can constitute grounds for dismissal

• International Day of Persons with Disabilities to highlight the role of innovation in advancing an accessible and equitable world

• Can companies combat the effects of inflation with a labor-related measure?

Press

Dismissal a la carte, or return to uncertainty

Article by Bernardo Pérez-Navas, partner in Garrigues Labor and Employment Department (Cinco Días newspaper).

Protocol in cases of emotional abuse in the workplace and sexual harassment

Article by Javier Navarro and Julián Lozano, partner and principal associate in the Garrigues Labor and Employment Department in Murcia (La Verdad de Murcia newspaper). 

Debunking the dismissal ban myth

Article by Misi Borrás, partner in the Garrigues Labor and Employment Department in Barcelona (Diari de Tarragona newspaper).