1. REGULATIONS ON SOCIAL SECURITY CONTRIBUTIONS, FOR UNEMPLOYMENT, PROTECTION IN THE EVENT OF THE CESSATION OF ACTIVITY AND PROFESSIONAL TRAINING IN 2016
Order ESS/70/2016 of 29 January developing the regulations on social security contributions, for unemployment, protection in the event of the cessation of activity, the Salary Guarantee Fund (FOGASA) and professional training, as provided by the 2016 Budget Law, sets the contribution rates for occupational accidents and occupational diseases, determines the contribution coefficients applicable to specific social security arrangements, such as special agreements and collaboration agreements, among others, and determines the payments that have to be made by mutual insurance companies collaborating with the Social Security to the cost of shared services.
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2. SOCIAL SECURITY CONTRIBUTION BASES FOR WORKERS IN GROUPS TWO AND THREE OF THE SPECIAL SYSTEM FOR MARITIME WORKERS
Order ESS/71/2016 of 29 January, which establishes the social security contribution bases for employees in groups two and three of the special system for maritime employees, sets the contribution bases for common and professional contingencies for every province, fishing method and professional category according to these employees’ average remuneration in 2015.
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3. EMPLOYERS MAY MONITOR EMPLOYEES’ PRIVATE COMMUNICATIONS SENT USING COMPANY RESOURCES DURING WORKING HOURS
The European Court of Human Rights has ruled that companies may monitor their employees’ private communications if sent using company resources during working hours. Companies may invoke the private use of company resources as grounds for dismissal if they have prohibited that use.
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4. APPLICABLE COLLECTIVE BARGAINING AGREEMENT AT THE END OF THE AGREED TERM OF EXTENDED VALIDITY
The Supreme Court has held that upon the expiry of the extended term of a collective bargaining agreement, the applicable collective bargaining agreement is that with a wider scope which includes regulation of the same activities or employment relationships as the prior agreement.
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5. REDUCING EMPLOYEE DISCOUNTS ON A SPECIFIC ITEM IS NOT A SUBSTANTIAL CHANGE TO WORKING CONDITIONS
The Supreme Court has upheld a company’s decision to reduce an employee discount on a specific item as it did not amount to a substantial change to working conditions since the reduction did not cause serious or significant harm to the employees.
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6. DAILY SNACK BREAK NOT TAKEN BY EMPLOYEES MUST BE COMPENSATED AS ESTABLISHED IN THE COLLECTIVE BARGAINING AGREEMENT
The Supreme Court has held that employees must be paid for the extra time they work if they are unable to take their daily snack breaks given that the breaks do not form part of their daily working hours (and provided that the maximum annual working hours limit is not exceeded). The financial compensation to be paid in this case was the proportional part of the employees’ ordinary remuneration plus the amount set out in the applicable collective bargaining agreement for employees who have not taken snack breaks.
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7. THE APPOINTMENT OF A THIRTEEN-MEMBER COMMITTEE TO REPRESENT EMPLOYEES IN A CONSULTATION PERIOD IS LAWFUL
The Supreme Court has held that, where the trade union representatives who represent the majority of a company’s employees in the works councils of the affected workplaces fail to reach an agreement, and provided that there is no multi-plant workers’ committee, the committee that must negotiate with the company’s management in a consultation period may have a maximum of 13 members. The members are chosen in proportion to the number of employees they represent.
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8. OBLIGATION TO NEGOTIATE TO REACH AN AGREEMENT TO END A STRIKE DOES NOT APPLY TO THIRD PARTIES WHO DO NOT DIRECTLY EMPLOY THE EMPLOYEES
The National Court has held that the obligation for employee representatives and employers to negotiate with each other to reach an agreement to end a strike, laid down in article 8.2 of Royal Decree-Law 17/1977 of 4 March on labour relations, does not apply to third parties if the employees involved in the strike are not their direct employees. In this specific case a company had subcontracted other companies to provide it with employees, who then went on strike.
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1. REGULATIONS ON SOCIAL SECURITY CONTRIBUTIONS, FOR UNEMPLOYMENT, PROTECTION IN THE EVENT OF THE CESSATION OF ACTIVITY AND PROFESSIONAL TRAINING IN 2016