Newsletter Labor and Employment | Q3 2024

Spain

This Newsletter provides a selection of legislative and case law developments and relevant labor-related news

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Equality

• The long awaited Royal Decree-Law 1026/2024, developing the planned set of equality and nondiscrimination measures for LGBTI people in companies has been approved and has come into force. This regulation provides legal certainty and clarity regarding how companies with over 50 employees must implement the measures to ensure equality and nondiscrimination for LGBTI people, regulating the criteria and deadlines for negotiating and approving LGBTI plans and the protocols for managing harassment and violence against LGBTI people -more details-.
• Also, on August 2, Act 2/2024 of August 1, on equal representation and balanced presence of women and men on boards of directors was published. This act transposes EU Directive 2022/2381, establishing minimum legal quotas for the gender underrepresented on the boards of directors of listed companies, and of certain public-interest entities. Also, as a structuring regulation, it extends the application of the minimum quota to senior management.

Strike in transport sector

• The Workers' Commissions (CCOO) and Spanish General Union of Workers (UGT) have called a strike of salaried lorry drivers (freelance transport associations can also join with lockouts) on October 28; November 11, 28 and 29; and December 5, 9 and 23. They claim the
• • implementation of reduction coefficients for the ordinary retirement age of drivers of heavy vehicles, and
  • facilitation of access to partial retirement.

Severance compensation

• The European Committee of Social Rights (ECSR) has ruled that the Spanish severance pay system for unjustified terminations of employment without a valid reason does not meet article 24 of the European Social Charter, leading to a debate about whether the Spanish legislation on this issue must be amended.

Social security

• From January 1, 2025, the new additional solidarity contribution applicable to salaries that exceed the maximum contribution base (fixed at €4,720.50 in 2024) will come into force; this will involve a gradual increase in companies' contribution rates.

What to expect in the last quarter of 2024

We expect many major labor developments during the last quarterof the year, such as that involving the maximum working time and the working day record, or that involving partial and early retirement. Companies are advised to be aware of them and to be prepared to address them with due diligence and proper guidance

• ACI | Área de Conocimiento e Innovación

• Labor and Employment
• Labor Law Blog