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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Deadline for the Implementation of the Whistleblowing Reporting System

New Legislation Enacted

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

Law 2/2023 on whistleblower protection requires companies with 50 or more employees to have (1) an internal reporting system through which regulatory violations can be reported and (2) a whistleblower management and protection system to prevent retaliation against whistleblowers. Employers with more than 250 employees must have these systems in place by June 13, 2023, and those with between 50 and 249 employees by December 1, 2023. The implementation of the internal reporting system must be carried out after consultation with the legal representation of employees.

LGTBI Equality and Non-Discrimination Protocol in Companies

New Legislation Enacted

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

Law 4/2023 for the real and effective equality of trans people and for the guarantee of the rights of LGTBI people establishes, among others, the obligation for employers to implement a specific protocol to prevent discrimination against LGTBI employees and their families in companies with more than 50 employees. The protocol must include measures and resources offered by the employer to guarantee equality, as well as the steps the employer will take to prevent, detect, and act in the event of harassment or violence against these employees. The Protocol must be negotiated with workers’ representatives and be in force by March 2, 2024.

Communication of Sick Leave

New Order or Decree

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

Effective April 1, 2023, Royal Decree 1060/2022 established that employees are no longer obligated to send the sick leave reports to their employers. Rather, the Public Health Service (INSS), the mutual or collaborating company, must send the sick leave data, including the confirmation and discharge reports, to the employer, by electronic means, immediately, and no later than the first working day following the day on which the reports are issued.

Preventive Measures Against High Temperatures

New Order or Decree

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

Royal Decree Law 4/2023 requires the employer to take appropriate measures to protect employees against the risks arising from adverse weather phenomena, including extreme temperatures. For this purpose, an occupational risk assessment is required that takes into consideration (1) the meteorological phenomena that may occur, (2) the activity that is carried out, and (3) the personal and biological conditions of the employee. Likewise, the law makes it compulsory for employers to adapt working conditions, including the reduction or modification of the hours of the scheduled working day, when the preventive measures adopted do not guarantee the protection of workers in instances where the Spanish National Weather Service (or the corresponding regional agency, as applicable) issues an orange or red weather warning.