Labor and Employment Law
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.
Member States will take these guidelines into account in determining their employment policies and reform programs, in line with other initiatives to foster sustainability.
Ordinance no. 280/2022, of November 18th was published in the Official Gazette (Diário da República), which updated the amount of the meal allowance due to Public Administration employees, from €4.77 to €5.20.
This Order seeks to approve and publicize the procedure for evaluating jobs from a gender perspective provided for in Royal Decree 902/2020, of October 13, 2020, on equal pay for men and women, in order to ensure that the principle of equal treatment and nondiscrimination between women and men is applied effectively in relation to retribution.
This protocol provides for a system of collective complaints and allows the reporting of unsatisfactory application of the Charter by the States in relation to social and employment matters.
The directive establishes procedures for the adequacy of statutory minimum wages, promotes collective bargaining on wage-setting and improves effective access to statutory minimum wage protection for those workers who are entitled to such protection under applicable national laws.
The Supreme Court has issued a press release reporting that the Plenary Session of the Labor Chamber has handed down a judgment on what is commonly known as the “dismissal ban” under article 2 of Royal Decree-Law 9/2020, in the context of the COVID-19 health crisis. The judgment concluded that a dismissal that took place other than as provided in that law should not be classed as null and void.
The Decision of October 7, 2022, by the Directorate-General of Labor, publishing the list of public holidays for 2023 has been published in the Official State Gazette, and sets out the public holidays for next year.