Budget law 2018
The Budget Law for 2018 introduces important changes in labour and social security matters.
preliminary agreement on employment and collective BARGAINING for 2018-2020
Employers’ associations and trade unions have agreed on general guidelines for salary increases, minimum salaries, salary reviews, and the renewal and update of collective bargaining agreements.
Extended validity of collective bargaining agreements
The Supreme Court has analysed whether when a collective bargaining agreement expires, but there is another one in force with a broader scope, the working conditions applicable under the expired collective bargaining agreement should be deemed incorporated into the employment contracts in accordance with the Supreme Court’s judgment of 22 December 2014, or alternatively, article 86.3 of the Statute of Workers and the broader collective bargaining agreement should apply.
DISMISSAL on ORGANIsATIONAL and productiON grounds
The Supreme Court has considered whether, in a situation in which a company’s workload falls and an employee refuses to accept the permanent reduction of his/her working hours, it is necessary to follow the procedure for substantial modification of working conditions pursuant to article 41 of the Statute of Workers prior to terminating the employee’s contract on organisational and production grounds.
dISMISSAL OF former EMPLOYEE REPRESENTATIVE
The Supreme Court has ratified its position as to who has the option, an unfairly dismissed employee or the employer, to decide whether the employee should be reinstated or laid off with compensation. In this case, the dismissed employee was a former employee representative who had left that office less than a year before being dismissed, and whose dismissal bore no relation to the employee’s functions as a representative.
A labour judge in Valencia has held that a delivery man working for Deliveroo could not be classed as a self-employed worker, as his services shared the characteristics of subordination and dependency that are typical of an employment relationship.