Main obligations for companies in labor matters

Regulatory framework:

• Law 31/1995, of November 8, on Occupational Risk Prevention.
• Technical Criterion 104/2021 of the Labor Inspection.

Target audience:

• Mandatory for all companies, regardless of their size.

Essential to know:

• The goal is to promote the safety and health of workers.
• The following must be available:
  • Assessment of potential risks.
  • Assess and prevent psychosocial risks (stress, burnout, harassment, mental load).
  • Planning preventive activities.
  • Prevention training.
  • Health monitoring (voluntary, with some exceptions).
  • Personal protective equipment (PPE).
  • Coordination with contractors/subcontractors.
• It can be managed through an in-house, external or joint service.
• It must be constantly updated/evaluated.

Regulatory framework:

• Royal Decree-Law 8/2019, of 8 March, on urgent measures for social protection and combating job insecurity in working hours.
• Article 34.9 of Royal Legislative Decree 2/2015 approving the revised text of the Workers' Statute Act.

Who is it aimed at?

• Mandatory for all companies, regardless of size.

Essential to know:

• The start and end of the working day must be recorded. This includes teleworking.
• Records must be kept for 4 years.
• It must be a system that is accessible to Inspection, RLT and workers.
• The registration system must be digital (changes are pending publication that will regulate the mandatory use of the digital system and rule out manual registration).

Regulatory legislation:

• Law 10/2021, of 9 July, on remote working.

Who is it aimed at?

• Mandatory for all companies where teleworking is regular. To be considered teleworking, at least 30% of the working day must be spent teleworking over a period of three months.

Essential to know:

• Requires a written agreement with the employee.
• The company must provide the worker with the necessary means to perform their duties.
• The company must proceed with the reimbursement of expenses.
• A risk assessment must be carried out on the premises from which the service is provided. To this end, the risk assessment can be carried out using a self-declaration questionnaire.
• Employees who work remotely enjoy the same rights as employees who perform their duties in person.

Regulatory legislation:

• Article 88 of Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights.

Who is it aimed at?

• Mandatory for all companies, regardless of size.

Essential to know:

• An internal policy is required to guarantee the right not to respond to communications outside working hours.
• The protocol must be drawn up after consultation with the RLT.
• It should include training and specific measures.

Regulatory legislation:

• Organic Law 3/2007 on effective equality between women and men. Law 15/2022, of 12 July, on comprehensive equal treatment and non-discrimination.
• Law 15/2022, of 12 July, comprehensive law on equal treatment and non-discrimination
• Organic Law 10/2022, of 6 September, on comprehensive guarantees of sexual freedom.

Who is it aimed at?

• Mandatory for all companies, regardless of size.

Essential to know:

• It is mandatory to have the protocol and preventive measures in place.
• Train the staff.
• Internal procedure for handling complaints.
• Confidentiality must be guaranteed.

Regulatory legislation:

• Royal Decree 902/2020, of 13 October, on equal pay between women and men.
• Article 28.2 of Royal Legislative Decree 2/2015 approving the revised text of the Workers' Statute Act.

Who is it aimed at?

• Remuneration register: mandatory for all companies, regardless of size.
• Salary audit: mandatory for companies with 50 or more employees and which therefore already have an Equality Plan.

Essential to know:

• A record must be kept of average salaries, broken down by gender and distributed by professional groups.
• Companies with equality plans must also carry out remuneration audits.

Regulatory legislation:

• Royal Decree 901/2020, of 13 October, regulating equality plans and their registration.

Who is it aimed at?

• Mandatory for companies with 50 or more employees or when so established in the applicable collective agreement.

Essential to know:

• A diagnosis must be made, and the Plan must be designed, approved, and registered.
• Implement and monitor.
• A negotiating committee must be set up with representatives from the company and the workers.
• It must be updated every 4 years.

Regulatory legislation:

• Law 4/2023, of 28 February, on real and effective equality for transgender persons and the guarantee of the rights of LGTBI persons
• Royal Decree 1026/2024, of 8 October, implementing the planned set of measures for equality and non-discrimination of LGTBI persons in companies.

Who is it aimed at?

• Mandatory for companies with more than 50 employees.

Essential to know:

• A planned set of measures and resources must be in place to ensure real and effective equality for this group.
• HR manuals and processes must be adapted.

Regulatory legislation:

• Law 2/2023, of 20 February, regulating the protection of persons who report regulatory infringements and the fight against corruption

Who is it aimed at?

• Mandatory for companies with 50 or more employees.

Essential to know:

• It will enable employees to report labour, criminal or administrative irregularities without fear of reprisals.
• It must be a system that guarantees the confidentiality of the informant.
• The person responsible for handling the complaint and the deadline for resolving it must be designated.

Regulatory legislation:

• Royal Legislative Decree 1/2013, of 29 November, approving the Consolidated Text of the General Law on the rights of persons with disabilities and their social inclusion.

Who is it aimed at?

• Mandatory for companies with 50 or more employees.

Essential to know:

• Two per cent of jobs must be reserved for persons with disabilities.
• The disability must be at least 33%. This also includes people who have been granted a permanent disability pension for total, absolute or severe disability.
• The reservation obligation may be replaced by outsourcing services to a special employment centre or by making certain donations or sponsorship actions.

Regulatory legislation:

• Art. 34.6 Royal Legislative Decree 2/2015 approving the revised text of the Workers' Statute Act.

Who is it aimed at?

• Mandatory for all companies, regardless of size.

Essential to know:

• A calendar indicating the days off work must be drawn up annually, before 1 January each year.
• Display in a visible location in the workplace.

Regulatory legislation:

• Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights.

Who is it aimed at?

• Mandatory for all companies that have video surveillance systems in the workplace.

Essential to know:

• An informative sign (yellow poster approved by the Spanish Data Protection Agency) must be displayed in a visible location.
• Workers and their representatives must be informed of the existence of cameras and their use as a mechanism for monitoring work.
• The use of video surveillance for disciplinary purposes requires prior information and proportionality, according to the doctrine of the Supreme Court and the European Court of Human Rights.

Regulatory legislation:

• Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration

Who is it aimed at?

• Companies that hire non-EU personnel.

Essential to know:

• Obligation to verify that the worker has the documentation that allows them to reside and work in Spain
• Check the validity of such documentation to avoid employing workers in an irregular situation.

Regulatory legislation:

• Organic Law 3/2007, of 22 March, on effective equality between women and men.
• Law 15/2022, of 12 July, comprehensive law on equal treatment and non-discrimination.
• Organic Law 10/2022, of 6 September, on comprehensive guarantees of sexual freedom.

Who is it aimed at?

• Mandatory for all companies, regardless of size.

Essential to know:

• Companies must guarantee equal treatment and non-discrimination on the grounds of sex, age, racial or ethnic origin, religion, disability, sexual orientation, gender identity or other personal or social circumstances.
• Proactive measures must be taken to prevent any form of direct or indirect discrimination in access to employment, working conditions, career advancement, training and remuneration.
• Companies must promote inclusive and respectful work environments, and may establish specific protocols to prevent and address situations of discrimination.

Regulatory legislation:

• Workers' Statute (Articles 61 to 72).
• Organic Law on Trade Union Freedom and complementary regulations.

Who is it aimed at?

• To all companies with legal representatives of workers (staff delegates and works councils) and trade union branches.

Essential to know: Workers' representatives have the following recognised rights:

• Right to be informed and consulted on the economic situation, recruitment, training, risk prevention, etc.
• Right to issue preliminary reports on matters such as restructuring, collective transfers, substantial modifications, etc.
• Right to negotiate collective agreements and company agreements.
• Right to monitor compliance with labour and social security regulations.
• Right to initiate inspection procedures.
• Right to trade union and labour training.
• Right to a monthly paid time allowance (depending on the size of the workforce).
• Right to priority of continued employment in the event of collective redundancies.
• Right to have notice boards and premises suitable for the performance of their duties.
• Right to protection against reprisals and guarantee of indemnity.