Littler Global Guide - Spain - Q1 2024

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

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Obligation to Implement LGTBI Equality and Non-Discrimination Protocol

New Legislation Enacted

Author: Sonia Cortés García, Partner – Abdón Pedrajas | Littler

As of March 2, 2024, employers with more than 50 employees have an obligation to implement a specific plan to prevent discrimination against LGTBI employees and their families. The plan should provide measures to guarantee equality and non-discrimination and should be negotiated with workers’ representatives. Further, employers must provide resources to identify, prevent, detect, and act in the event of harassment or violence against LGTBI employees.

These obligations are prescribed under the Act 4/2023, of 28 February, for the real and effective equality of trans persons and for the guarantee of the rights of LGBTI persons (the LGBTI Equality Act), which was enacted last year. Although regulations have not been issued yet, employers nonetheless are subject to these obligations.

Mandatory Registration of Trainees with Social Security Regime

New Order or Decree

Author: Sonia Cortés García, Partner – Abdón Pedrajas | Littler

Under the General Law of Social Security, all trainees must register and pay social security contributions starting in 2024. This rule applies to students who are completing training and academic internships as part of a training program, whether the internship is paid or unpaid. This also covers university students pursuing bachelor’s, master’s, and doctorate degrees, as well as those pursuing a university degree, permanent training master's degree, specialization diploma, or expert diploma.

Accordingly, these students will be treated as employees under the Social Security regime for contribution purposes. However, this does not mean that the relationship between the student and the company becomes an employment relationship.

A Bonus that Penalizes Absences is Discriminatory

Precedential Decision by Judiciary or Regulatory Agency

Author: Amparo Bru Mundi, Senior Associate – Abdón Pedrajas | Littler

The National Court declared a bonus established by a collective bargaining agreement (CBA) null and void. The company’s CBA required employees to meet production and quality objectives, as well as not be absent for more than eight hours per month, in order to receive the bonus. The National Court found that this requirement discriminated against employees who had to be absent due to illness or family reconciliation leave. The Court specifically noted that the requirement disproportionately impacted women, who are more likely to take family reconciliation leave.

New Pension Plan for the Construction Sector

Precedential Decision by Judiciary or Regulatory Agency

Authors: Victoria Villanueva, Partner, and Raquel Romero, Associate – Abdón Pedrajas | Littler

The VII General Agreement of the Construction Sector is applicable to all companies and self-employed workers with dependents. These entities are required to join the Pension Plan of the Construction Sector (PPCS) as sponsoring entities unless a Provincial Collective Bargaining Agreement allows for the use of social welfare instruments from the corresponding Autonomous Community.

Companies must contribute to the PPCS on behalf of their participants according to the terms established by the PPCS. Monthly contributions must begin on February 1, 2024, and arrears from January 1, 2022, to January 31, 2024, must be paid by April 30, 2024.

Reasonable Accommodation Required Prior to Termination Due to Permanent Disability

Important Action by Regulatory Agency

Author: Sonia Cortés García, Partner – Abdón Pedrajas | Littler

The Court of Justice of the European Union issued a judgment on January 18, 2024, declaring that companies must make reasonable adjustments to allow workers with a declaration of Permanent Incapacity (PI) to continue working. The automatic termination of employment contracts under art.49.1.e ET is now considered contrary to European Law.

Companies must make reasonable adjustments to avoid termination or prove that such adjustments are impossible. If companies do not comply, they may face legal action for null dismissal due to discrimination based on disability.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.