Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

View all Q1 2019 Global Guide Quarterly updates   Download full Q1 2019 Global Guide Quarterly

Obligation to Provide Nonfinancial Information

New Legislation Enacted

Authors: Juan Bonilla, Partner, Ana Campos, Senior Associate and Jennifer Bel, Associate – Cuatrecasas

Act 11/2018, which recently came into force, imposes on certain companies the obligation to prepare an informative report regarding environmental and labor matters, such as those relating to their personnel, the respect for human rights and the fight against corruption and bribery. Specifically, this obligation exists for companies that must prepare consolidated accounts and which meet a number of requirements. Regarding labor matters, companies are obliged to provide information on employment, including number of employees and their distribution by gender, age, country, and occupational category; contract types; pay gaps; compensation; dismissals; work organization; health and safety; labor relations; training; persons with disabilities; and equality.

Obligations on Equal Treatment and Opportunities for Men and Women

New Order or Decree

Authors: Juan Bonilla, Partner, Ana Campos, Senior Associate and Jennifer Bel, Associate – Cuatrecasas

Royal Decree Law 6/2019, has come into force. Its urgent measures to guarantee equal treatment and opportunities for men and women at work include: (i) the obligation to prepare equality plans is gradually extended to companies with 50 or more employees; (ii) every company must register the disaggregated salary information by gender and professional classification (this register is accessible to employees through their legal representatives, and all employees carrying out equal value jobs must receive the same salary); (iii) companies with 50 or more employees that identify a pay gap of 25% or more between employees of either gender must provide an objective and reasonable justification for it; (iv) objective dismissal in especially protected cases requires proof of the specific need to terminate the employee's contract; (v) the suspension of the employment contract due to childbirth is gradually extended to 16 weeks for each parent in 2021; and (vi) the right to adjust and rearrange working hours and the way of working to achieve a work-life balance, without having to reduce working hours and salary, is strengthened.

New Obligation to Register Standard Working Day

New Order or Decree

Authors: Juan Bonilla, Partner, Ana Campos, Senior Associate and Jennifer Bel, Associate – Cuatrecasas

On May 12, 2019, Royal Decree Law 8/2019, of March 8, on urgent social protection measures aimed at fighting job insecurity in relation to the working day comes into force. It expressly introduces an obligation for all companies to keep a daily register of each employee’s standard working day, with their start and finish times. It also introduces new incentives to encourage indefinite employment and includes improvements in certain social security contributions. Companies have to negotiate with the employees’ representatives how to organize and keep that register, which must be kept for four years. Employees, their representatives and the labor inspectorate are entitled to access these registers.

Brexit – Contingency Measures

New Order or Decree

Authors: Juan Bonilla, Partner, Ana Campos, Senior Associate and Jennifer Bel, Associate – Cuatrecasas

Because of the possibility of a no-deal Brexit, the Spanish Government, in line with the European Union’s recommendations, has enacted Real Decreto-Ley 5/2019, of March 1 on contingency measures in case of the United Kingdom and Northern Ireland withdrawal from the European Union with no agreement as foreseen in section 50 of the European Union Treaty. This Royal Decree’s enforceability is conditioned to the UK’s effective withdrawal with no agreement, and its purpose is to globally safeguard the rights of EU citizens in the UK and UK citizens in Spain, subject to reciprocity in the UK. Regarding residency and working permits, the Government has decided to maintain all their rights. It has issued instructions for the procedure to apply for new documents, in case of no-deal Brexit, for UK nationals residing in Spain, and their families. UK residents in Spain have 21 months as of the date of withdrawal to apply for the new documents.