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Category Archives: Laboral

Royal Decree-Law 31/2026 of 20 October and the Labour Law Changes It Introduces: Updates to CUME, Working Time Reductions for Family Care, and More

1. The New Calculation of the Regulatory Base for Sick Leave Given that the final text of this Royal Decree-Law is still subject to mandatory ratification by the Spanish Congress of Deputies, Article 171 of the General Social Security Act (LGSS) now establishes that the contribution base used to calculate temporary incapacity (IT) benefits will […]

Law 4/2026 and Its Employment Implications: Disability, Work–Life Balance and Employer Obligations

The reform expands work–life balance rights, strengthens the duty to provide reasonable accommodations and introduces new safeguards for persons with disabilities and those requiring long-term care. Law 4/2026 of 1 October, published in Spain’s Official State Gazette on 3 October 2026 and scheduled to enter into force on 23 October, introduces significant amendments to employment […]

Carrying out activities while on sick leave does not, in itself, justify disciplinary dismissal

The High Court of Justice of Asturias (Social Chamber) has upheld the finding of unfair dismissal in the case of an employee who, while on temporary incapacity leave due to lower back pain, attended on several occasions a vehicle dealership run by her partner and carried out certain minor tasks there. The Court considered that […]

Greater transparency in employment relationships: new information requirements for employers

On 15 September 2026, Royal Decree 723/2026 of 9 September was published, partially transposing Directive (EU) 2019/1152 on transparent and predictable working conditions. The new legislation, which replaces Royal Decree 1659/1998, significantly expands the information that employers must provide regarding the essential elements of the employment contract and the main working conditions. It will enter […]

Wildfires and Employment Relations: New Protective Measures for Employees and Businesses

The wildfires recorded over recent weeks have led to the approval of Royal Decree-Law 20/2026 of 29 July, which introduces a series of extraordinary measures aimed at protecting employees and businesses affected by these emergencies. The purpose of the legislation is to address situations in which civil protection measures—such as evacuations, access restrictions, or confinement […]

Dismissals Now Carry Additional Social Security Costs: The TGSS Changes Its Position on Payments in Lieu of Notice

The management of employment terminations on objective grounds now involves a new financial and administrative consideration that companies should take into account. The Spanish General Treasury of Social Security, known as the TGSS, has changed the approach traditionally applied to payments made to employees when an employer fails to provide the statutory notice period in […]

Returning to work without losing your retirement pension: key implications of Implementing Regulation 416/2026

Following the publication of the Implementing Regulation 416/2026 of 27 May, the regulatory framework for flexible retirement has been completely modified, allowing those who have already retired to return to the labour market without losing their retirement pension entirely. The new regulation will come into force on 28 August 2026 and repeals the Implementing Regulation […]

Remote Work, Flexible Hours, and Workplace Accidents: The Spanish Supreme Court Reinforces the Presumption of Work-Relatedness in Remote Work

The consolidation of remote work has forced courts to reinterpret traditional concepts of Labor Law within a very different organizational reality from that of conventional in-person work models. Concepts such as workplace, effective working time, and employer supervision have become significantly more complex when work is carried out from the employee’s home under flexible working […]

The Supreme Court blocks the Labor Inspectorate’s unrestricted access to companies’ registered offices: analysis of Supreme Court Ruling No. 441/2026

The Administrative Chamber of the Supreme Court has issued a ruling of extraordinary practical significance for the exercise of inspection functions in Spain. In Resolution No. 441/2026, dated April 14, with Justice Luis María Díez-Picazo as the reporting judge, the Supreme Court establishes the legal principle that the Labor and Social Security Inspectorate may not […]

The Supreme Court Clarifies and Redefines Variable Remuneration

Recent rulings of the Supreme Court have introduced significant changes in the way variable remuneration systems must be structured within companies. These are not minor adjustments or merely technical issues. Judgments STS 159/2026 of 12 February and STS 165/2026 of 17 February establish a more demanding framework in which objectivity, transparency and consistency cease to […]

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