Labor Newsletter - January 2026
Spain -
Absenteeism, compensation policies, and discrimination due to illness
Federico Durán López
Although combating absenteeism constitutes a legitimate aim, there is serious debate in current judicial doctrine regarding the validity of compensation policies that condition accrual on the effective performance of work and their effects in cases of temporary incapacity (TI).
News
- New Sustainable Mobility Law: this is the regulatory framework for an orderly transition to a new transport system
- Royal Decree-Law 16/2025, which updated the contribution bases for 2026, extended the Minimum Wage, and included a new occupational accident/occupational disease rate linked to CNAE-2025, has been repealed
- The Government approves the implementing regulations on training contracts
- The Government reaches a preliminary agreement with unions to raise the Minimum Interprofessional Wage (SMI) by 3.1%
- European directives that must be transposed during the year 2026 are still pending
Judgments
- Employers may establish a channel for workers to propose specific vacation days
- Engaging in intense cycling activity during medical leave constitutes a breach of contractual good faith
- A toxicity allowance may be accrued only on days actually worked
- Compensation for an occupational accident is refused due to absence of proven breaches of occupational risk prevention obligations
Other publications
- 2026, a year of regulatory challenges and opportunities for companies in Spain
Labor Blog
- How can the company use the medical examination to control absenteeism from work
- The main labor changes that 2026 may bring
- Digital Labor Collection 2025
- Christmas gift: can the company remove or replace it?
- How the available means of delivering a dismissal letter have evolved
In the press
- Uncertainty over the late increase of the Minimum Wage
In Latin America
- Labor reform 2026–2030: toward the gradual reduction of the workweek in Mexico
- Peru: The International Day of Persons with Disabilities highlights the obligation to implement reasonable adjustments for true workplace inclusion
- Mexico: New subcontracting inspection protocol published to prevent abuse
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