Employment - Legislative and case law developments

1. Final approval of Spain’s Basic Law on the right of defence and its employment implications

Spain’s Basic Law on the right of defence entered into force on 4 December 2024,  affording employees protection from retaliation for having claimed employment of any kind. This protection also extends to family members employed in the same company.

2. New “weather leave” for workers affected by natural disasters or adverse meteorological events

The Workers’ Statute creates a new paid-leave event for all workers in situations during which, for climate-related or meteorological reasons, it is impossible to attend the workplace or travel on public roads. Likewise, when these situations are long-lasting, companies are authorised to request permission to carry out a furlough due to force majeure. Measures to deal with natural disasters and meteorological phenomena are also included among the information rights of employee representatives. The Workers’ Statute also establishes that action protocols will be negotiated through collective bargaining. These protocols must include risk-prevention measures specifically referring to action in the event of disasters and other adverse meteorological phenomena.

3. Exceptional employment-related measures approved to deal with the damage caused by the isolated high-altitude depression in various municipalities

A isolated high-altitude depression (known locally by its Spanish acronym, DANA) severely affected various municipalities in the regional communities of Valencia, Andalusia and Castile-La Mancha. In response, and to help those affected recover from the destruction and damage caused, the Spanish government approved two packages of measures aimed at supporting workers, self-employed persons and companies in the affected area.

4.  The Constitutional Court declares the unconstitutionality of provisions establishing that biological mothers in single-parent homes cannot extend their parental leave beyond 16 weeks

The Constitutional Court has declared article 48.4 of the Workers’ Statute and article 177 of the General Social Security Law unconstitutional on the basis that they do not allow biological mothers in single-parent families to increase their parental leave by the additional ten weeks to which the second parent would otherwise be entitled. Until resolved legislatively, the Supreme Court has interpreted that such mothers are entitled to extend their leave.

5. The Supreme Court declares that wage records must not include data that facilitates identifying individual salaries

The Supreme Court has held that wage records must not include personal data that would facilitate the determination of a specific worker’s salary. Companies must keep wage records in order to guarantee equal pay, irrespective of gender; the wage records obligation refers to average salary broken down by sex and professional category or job, not to employees’ personal information.

6. The Supreme Court establishes workers should be given the opportunity to defend themselves before a disciplinary dismissal

In its ruling handed down on 18 November 2024, the Supreme Court departs from its previous position and considers that a worker must be given an opportunity to defend themselves in a hearing before being dismissed on disciplinary grounds. This formal obligation is imposed by direct application of Article 7 of Convention no. 158 of the International Labour Organisation; failure to comply with it renders the dismissal unfair for not meeting the formal requirements.