1. Insolvency proceedings: employment issues

Important changes are introduced in employment issues in the field of insolvency situations. Firstly, there is an increase in the participation of employees through their legal representatives, as well as a significant increase in the protection of labour claims.

This, combined with the expansion of the exclusive jurisdiction of the commercial courts in employment-related aspects, such as the enforcement of labour credits, the existence of a transfer of undertakings, or the implementation of substantial modification of employment conditions, suspensions and reductions in working hours, as well as collective dismissals.

2. Harassment protocol vs. Compliance

On 7 October 2022, Organic Law 10/2022, dated September 6th, on guaranteeing sexual freedom comes into force, which impacts on the criminal liability of companies and organisations and requires a review of the procedures for the prevention and reporting of harassment, mainly sexual harassment, in coordination with the rest of the compliance systems.

3. Internal whistleblowing channel

Companies must establish internal whistleblowing channels that allow for the submission and processing of anonymous whistleblowing complaints from employees. Companies with more than 50 employees in the private sector and, in any case, in the public sector, will be required to implement said channels.

4. Equality plans and salary recorder

Companies with more than 50 employees are required to implement an equality plan, which must include a salary audit. It is important to point out that companies that have this obligation and still do not have an equality plan can be fined up to 225,018 euros.

Likewise, all companies must stablish a salary record (different from the salary audit), regardless of the employees’ type of contract, seniority, working hours or any other circumstances.

5. Remote work and the right to digital disconnection

Remote work is voluntary and reversible, both for the company and the employee. This does not prevent employees from being entitled to request an adaptation of working hours to reconcile work and family life, including remote work as a conciliatory measure.

Regardless of the type of work (whether on-site, remote or hybrid work), it is essential that companies develop an internal protocol for digital disconnection, which is mandatory to all companies, regardless of their size and location.

You can download the full PDF file here. 

For further information, please contact:

Employment Law and Social Security Practice of Andersen.