Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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Menstrual Leave

New Legislation Enacted

Authors: Sonia Cortés, Partner, and Isabel Herrero, Attorney-at-Law – Abdón Pedrajas | Littler

Starting on June 1, 2023, women with secondary incapacitating menstruation or secondary dysmenorrhea associated with pathologies will be entitled to sick leave. The pathologies include endometriosis, myomas, pelvic inflammatory disease, adenomyosis, endometrial polyps, polycystic ovaries or difficulty in the outflow of menstrual blood of any kind, which may involve symptoms such as dyspareunia, dysuria, infertility, or heavier than normal bleeding, among others.

Under Act 1/2013, February 28, the social security will pay the sickness benefit from the day of the sick leave during the menstrual leave. No minimum contribution period is required to be entitled to menstrual leave.

Miscarriage and Maternity Leave

New Legislation Enacted

Authors: Sonia Cortés, Partner, and Isabel Herrero, Attorney-at-Law – Abdón Pedrajas | Littler

Starting on June 1, 2023, the interruption of pregnancy, whether voluntary or not, will be considered a special situation qualifying for sick leave while a woman is receiving medical care from the Public Health Service and unable to work.

In addition to the 16 weeks of maternity leave, Act 1/2023 provides a special sick leave for pregnant women from the first day of the 39th week of pregnancy. In both cases, the Social Security will pay the sickness benefit from the day following the day of sick leave, and the employer must pay the full salary corresponding to the day of sick leave.

Minimum Interprofessional Wage

New Order or Decree

Authors: Sonia Cortés, Partner, and Isabel Herrero, Attorney-at-Law – Abdón Pedrajas | Littler

Royal Decree 99/2023 has increased the minimum interprofessional wage to EUR 1,080.00 per month (i.e., EUR 15,120 per year). This salary increase has a retroactive effect from January 1, 2023.

Increase in Social Security Contributions

New Order or Decree

Authors: Sonia Cortés, Partner, and Isabel Herrero, Attorney-at-Law – Abdón Pedrajas | Littler

Royal Decree-Law 2/2023 establishes a progressive increase in Social Security contributions. As an example, from October 1, 2023, companies will have to register and pay Social Security contributions for those students who are carrying out unpaid external training or academic internships.

Time Recording: Unilateral Declaration by the Employee

Precedential Decision by Judiciary or Regulatory Agency

Authors: Sonia Cortés, Partner, and Isabel Herrero, Partner – Abdón Pedrajas | Littler

The Supreme Court ruled that the agreement that established a system of time recording, where the employee unilaterally includes its actual working hours, is respectful of the system of time recording provided for by law. Specifically, in that case, the employee was required to enter the start and end time of the working day on a daily basis, establishing the actual number of hours worked and deducting any interruptions that would not be considered effective working time.