Employment - Legislative and case law developments
December 2022
Time with Women’s Social Service counts towards partial-retirement pension
Law 24/2022 of 25 November states that time with the Women’s Social Service should be included in partial-retirement pension calculations.
The equal pay audit’s post evaluation procedure approved
Order PCM/1047/2022, which entered into force on 4 November, complies with final provision 1 of Royal Decree 902/2020 of 13 October on equal pay for women and men. It states that the specific tool’s post evaluation procedure meets the formal requirements established in Royal Decree 902/2020. The post evaluation procedure, as well as the specific tool used for this purpose, are voluntary – as other systems that meet the legal requirements can be used.
Dismissal after requesting overtime pay breaches the right to protection from retaliation
The Supreme Court has ruled that dismissing a worker the day after he requested overtime pay was void because it breached the worker’s right to protection from employer retaliation.
Temporary workers must be taken into account to determine the number of representatives to be elected in trade union elections.
The Supreme Court has ruled that article 72.2 b) of the Workers’ Statute must be interpreted as meaning that temporary workers from the preceding year with contracts of one year or less – whether or not in force when the trade union elections are called – must be taken into account to determine the number of representatives to be elected.
Sick leave report manuals forcing workers to electronically process medical reports are void
The National Court has ruled that a sick leave notice manual that provides only a single valid electronic procedure to notify medical reports is void.
Individual teleworking agreement clauses that are contrary to the Remote Working Law are void
The Labour Chamber of the National Court has ruled that some clauses in an individual teleworking agreement that are contrary to the Remote Working Law are void, even if the individual agreement is governed by a wider collective business group agreement.
Votes in employee representative elections cannot be cast electronically
The National Court has ruled that votes in employee representative elections for salaried employees cannot be cast electronically according to the legislation in force.
