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Spain: Employers face new labor challenges following the legal changes in the road transport of goods
The reform, aimed at improving the sustainability of the road transport of goods and functioning of the logistics chain, passed in March 2022 as a result of the protests by truck drivers, includes measures such as those preventing drivers from carrying out loading and unloading work. This means that the companies that contract carirers and […]
Spain: Is it possible to delay the effective compliance with a disciplinary penalty until it is upheld?
In general, disciplinary penalties relating to employment are directly fulfilled by the worker, even though they may be contested in court. However, is there an alternative formula possible in which the effective compliance with the penalty can be delayed until it is upheld, either because the worker does not contest it in court or, having […]
The impact on occupational risk prevention of teleworking from different locations
From the standpoint of occupational risk prevention, the possibility of teleworking from different locations can involve an increase in costs, as well as difficulties in ensuring that workers are adequately protected from the risks of their job position. An employer’s obligation to assess occupational risks is associated with the job position in question. Such assessment […]
Spain: Incorrectly making special payments on a pro rata basis may no longer have consequences for companies
A Supreme Court judgment has rekindled the debate on the consequences that making special payments on a pro rata basis may have for companies when the collective labor agreement expressly prohibits such practice. Article 31 of the Workers’ Statute acknowledges the right of employees to two special payments per year: one at Christmastime and the […]
Spain: Compensation for teleworking expenses is not to be included in the social security contribution base
According to the Social Security General Treasury’s Noticias RED bulletin 3/2021, compensation paid by employers to their workers for expenses linked to teleworking arrangements is to be excluded from the contribution base. Royal Decree-Law 28/2020 of September 22, 2020 on remote working was published on September 22, 2020, and later became Remote Working Law 10/2021 […]
Data protection challenges in an employment context
Technological evolution, globalization and the use of Internet constantly raise new questions regarding how to act in situations with a potential impact on personal data protection. This is especially relevant in an employment context, in which multiple situations arise in which it becomes necessary to analyze the impact of an employer’s decisions in connection with […]