2021 Laboral reforms

  1. Paternity leave: starting 2021, paternity leave will be 16 weeks long (matching the maternity timespan), six of those weeks will be mandatory full-time and will begin immediately after birth. The remainder of weeks can be shared with the spouse, enjoyed at different moments or part-time.
  2. Remote work: as first requisite there must be a written agreement between both parties, regarding the execution of the work at hand. The Royal Law Decree 28/2020 establishes the volunteering nature for both the employee and the company and allows the reversal of the agreement. Also, the company must provide a copy of all remote-work agreements to the employee and their legal representatives no later than 10 days after its signing.
  3. ERTES extension: After the Royal Law Decree 2/2021, once again ERTES are extended due to COVID-19 until May 31st 2021, with new exonerations of Social Security as follows:
ERTESStrong causeERTES ImpedimentERTES LimitationERTES Outbreak
Less than 50 employees85%100%Feb: 100%Mar: 90%Apr: 85%May: 80%100%
More than 50 employees75%90%Feb: 90%Mar: 80%Apr: 75%May: 70%90%
  1. Working week: in the last weeks of 2020, discussions began about reducing the workdays in a week to 4 days (32 hours), without salary reductions. The pilot plan will be implemented in 200 companies, will count with a 50 million euros fund to compensate for salary increments and could be guided by a panel of experts including government representatives, unions and company owners.
  2. Equal pay: on April 14th 2021 the Royal Law Decree 902/2020 began its application, it forces companies to keep a mandatory register of the complete payroll (including general management). Such a register must include average salaries, complements and other extra-salary retributions, classified by gender and professional sectors. All employees will have the right to access such registers through their legal representatives if any, or directly, and will be able to see a limited version of it to show the percent differences between the average male-female salaries.