Employment - Legislative and case law developments

January 2023

1. Using fraudulent contracting arrangements is a criminal offence

To prevent the rise of bogus self-employed workers and to guarantee workers’ rights, fraudulent contracting arrangements (other than employment contracts) are now criminalised.

2. New General Budget Law includes changes in terms of contributions, bonuses and pension revaluations

Law 31/2022 of 23 December increases the maximum contribution base; maintains the social security contribution rates under the general regime; stipulates that self-employed workers will pay social security contributions according to their income bracket; and sets social security contribution reductions in the provinces of Cuenca, Soria and Teruel.

3. Employment and social security aspects of the new Sports Law

The new Sports Law includes a definition for professional sportspersons; introduces employment, social-protection, and gender-equality rights; and allows sectoral agreements to be negotiated for different types of sport.

4. Law on start-ups, international remote working, visas and residence permits

Law 28/2022 of 21 December defines start-ups and makes entering and working in Spain more flexible by increasing the duration of residence permits, and creating a specific visa and authorisation process for those who work remotely from abroad.

5. Workers will not be required to send fit notes to their employers from 1 April 2023

Under Royal Decree 1060/2022 of 27 December, workers will not need to send fit notes to their employers from 1 April 2023. The National Social Security Institute will liaise directly with companies on these matters, and doctors will be able to schedule medical check-ups before the notification deadlines.

6. Employers must pay for prescription glasses that are required for visual display unit use at work

The Court of Justice of the European Union has declared that companies must pay the cost of prescription glasses when they are needed for screen use at work.

7. Strategic indefinite strike declared abusive and fraudulent

The Supreme Court has held an indefinite intermittent strike lasting more than five years, that no longer bore any relation to the reason for which it was called, and was ultimately used for workers to avoid their employment contract obligations, to be abusive and fraudulent.

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