Labor Newsletter - November 2022
Dismissals: the prohibition which in fact was not one
Federico Durán
The Supreme Court concludes, in a judgment delivered in a case handled by counsel from Garrigues, that the violation of the misnamed prohibition of dismissal during the pandemic means that a dismissal is unfair, not null and void.
News
- Dismissals that do not comply with what is known as the “prohibition of dismissal” during the pandemic are not null and void
- The work calendar in Spain for 2023
- European minimum wage directive published
- Spain ratifies the Additional Protocol to the European Social Charter providing for a system of collective complaints to the Council of Europe
- The labor union UGT files a complaint regarding the current system of dismissals in Spain
- Publication of the order approving the job evaluation procedure with a gender perspective
- The Government approves the Draft National Budget Law for 2023
- Social partners continue to negotiate the minimum wage for 2023
Judgments
- The Constitutional Court again validates video surveillance evidence for disciplinary purposes
- The National Social Court rules again on void clauses included in remote working agreements
- The CJEU holds that the prohibition of wearing any visible sign of religious beliefs does not constitute direct discrimination if it is applied in a general and undifferentiated way
- The Supreme Court rules that the amount of the attendance and punctuality supplement cannot be reduced for workers with reduced working hours due to legal guardianship
- The National Social Court annuls a clause which allows teleoperators to be dismissed for underperformance
- When the three-month period has elapsed, any resolution that is issued on the request for registration of an equality plan can only be affirmative
Garrigues Labor and Employment and Sustainable
European Union (EU) companies will be required to disclose information regarding the impact of their activity on people and the planet, and regarding the sustainability risks with which they are faced.
The legislation provides that at least 40% of the directors of listed companies must belong to the underrepresented gender.
Nonfinancial information statements: the legal requirements to be taken into account for 2023
Before the end of the year, it is important to know the new developments that will affect the obligation to draw up the nonfinancial information statement of the year 2022 in Spain as well as the prospects regarding the future sustainability report.
7th Anniversary of Agenda 2030: 10 initiatives to lead change from the private sector
Companies play an important role in the adoption of Sustainable Development Goals. We review some of the most relevant initiatives and actions that are being adopted by the private sector so as to comply with Agenda 2030 and contribute to change.
In the Labor and Employment Blog
Can effective compliance with a disciplinary penalty be postponed until it is final?
In general, the disciplinary employment penalty, once it has been imposed, is directly complied with by the worker, although they contest it in the courts. However, can there be an alternative formula consisting of the imposition of a penalty with postponement of effective compliance with it until it is final, either because the worker has not contested it in the courts or because, although they have contested it, it has been confirmed by the courts? A recent judgment endorses this possibility.
Teleworking from different locations impacts on occupational risk prevention
From the perspective of occupational risk prevention, the possibility of teleworking from different locations may involve an increase of costs, and also difficulties when ensuring adequate protection for the worker from job-related risks.
The wrongful apportionment of extraordinary payments may cease to have consequences for the employer
A Supreme Court judgment reopens the debate regarding the possible consequences for the employer of the apportionment of extraordinary payments when the collective agreement expressly forbids it.
Social Security contributions are not paid on teleworking expenses
According to the News Bulletin Red 3/2021 of the General Social Security Treasury, compensation paid by employers to workers for teleworking-related expenses is excluded from the contribution base.
The challenges posed by data protection in relation to employment
The technological evolution, globalization and the use of the Internet constantly raise new questions regarding how to act in situations that may affect personal data protection. This is particularly important in the employment area, in which numerous situations arise in which it is necessary to analyze the impact of employers’ decisions in relation to the protection of workers’ personal data.
New clues in the international teleworking labyrinth
The Administrative Commission for the Coordination of Social Security Systems of the European Commission has published guidelines on international teleworking and the Social Security system applicable where work is done remotely within the European Union.
Towards a due diligence law for the protection of human rights in relation to employment
The eradication of child and forced labor, combatting discrimination at work and protection and respect for human rights also form part, together with other measures (for example, to combat the environmental impact), of the principles contained in the UN commitment acquired in Agenda 2030 for sustainable development which Spain assumed in 2015.
Teleworking poses a challenge for employers, who must regulate internally its practical application. A National High Court judgment indicates the most important aspects to be taken into account in teleworking agreements.
Equal Pay Day: the achievements to date and the remaining challenges
September 18 marks the third anniversary of the approval by the United Nations (UN) of International Day for Equal Pay between women and men, which reminds us of the efforts made, and those still pending, to achieve true equality between both sexes at work.
In the press
La "pinza" contra la reforma laboral (The “clamp” against the labor reform)
Article by Federico Durán, of counsel of the Garrigues Labor and Employment Department ('Expansión').
¿La enfermedad es una causa de discriminación? (Is illness grounds for discrimination?)
Article by Nicolás Clark, principal associate of the Garrigues Labor and Employment Department ('Cinco Días').
