Press Room

The next targets of the Labor Inspectorate for 2025-2027. They will mainly check: The fraudulent use of temporary contracts, indefinite but discontinuous contracts, and especially terminations done during probationary periods (apparently their number has significantly increased since the reduction of the type of temporary contracts). Working time registers and compliance with the time off regulations (still waiting for the creation of a new mandatory digital working time register interconnected with the Labor Inspectorate). Prevention of work-related cancer and the application of a gender perspective to the health and safety measures and special attention to the psychosocial risks. The impact of AI at the workplace, preventing the related discrimination. Fraudulent use of Social Security pensions (unemployment, sick leave, etc.) and underpayment of contributions. Click to read the complete Labor Inspectorate Strategic Plan.

The severance pay for unfair terminations in Spain (33 days of salary per worked year) has been considered, again, adequate by the Spanish Supreme Court (no additional severance shall be granted). The European Social Charter (ESC) – which has the same wording as the ILO Convention nº 158 – only provides for an adequate compensation (without further details). Therefore, the EU states have to regulate this provision to set up a particular compensation. The Spanish regulation already provides a certain amount that considers the employee’s salary and years of service for its calculation – who says this is not adequate? Neither the ESC nor the European Court of Justice. However, the Decision of the European Committee of Social Rights (March 20, 2024) considers the Spanish severance pay insufficient. Even so, the Spanish Supreme Court reminds that these decisions are neither enforceable nor binding; these decisions are purely addressed to the European Committee of Ministers and even to them, they are not binding. Therefore, Spain is not obliged to follow those decisions. Supreme Court 07/16/25

On May 1, International Workers’ Day, the Law 2/2025 of April 29 on termination of the employment contract of employees for permanent sick leave entered into force: The employee shall communicate in writing to the Company whether they wish to maintain their employment relationship within 10 calendar days from the notification of the decision declaring the permanent disability. From that moment, the Company has 3 months to make the reasonable adjustments to the job position or to offer the employee a change of their job position in accordance with their professional profile and suitable to their permanent disability. If the adjustment involves an excessive burden for the Company, there is no other suitable existing position, or if existing, the employee does not accept to change their job position, the Company may terminate their contract by a reasoned written communication, without compensation. For a maximum period of 3 months, the employment relationship will remain suspended. When is the adjustment to be made considered an "excessive burden" for the Company? In companies with less than 25 employees: when the adjustment cost, without taking into account any public aid/subsidies that it may receive, exceeds the highest of the following amounts: a) severance compensation for unfair termination (33 days of salary per year of service) or b) 6 months of salary. In all other companies, the adjustment cost shall be assessed in relation to a) the size of the Company, b) its economic means, c) its economic situation and, d) its total turnover. The burden will not be considered excessive when it is sufficiently compensated by public aid/subsidies. This will be decided by a judge.

There is no discrimination when a senior manager earns less than the other female senior managers because all of them have senior management contracts and, therefore, the legislation on equal pay is not applicable (article 28 of the Spanish Employment Act and related legislation) because they do not have a regular employment relationship. In addition, there is no gender discrimination under the application of the constitutional right of equality (article 14 of the Spanish Constitution), because the pay gap was a result of the free will of both parties when they negotiated their conditions. In senior management contracts there is a presumption that the negotiating power of the parties is more balanced and the contract has more similarities to a commercial or civil contract. Canary Appellate Court 02/29/24.

Introducing into evidence images obtained by video surveillance cameras is valid even without having previously and expressly informed the employee of their installation for work monitoring purposes because i) the employee had made irregular cash movements which triggered the internal fraud control (sufficient suspicions) and ii) they knew there were cameras, because they were located in the working area with the corresponding informative sign. Additionally, i) the measure was necessary, because there were no other less restrictive means to protect privacy without warning the employee, which would have made the action of the company useless and, ii) if any client is aware that the surveillance system may be used against them, any employee must be aware as well. Supreme Court 1/14/25