Law relating to the relationship between trade individuals, unions, employers and the government.

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The Council of Ministers Approves the New Contribution System and Other Points of Interest for the Self-employed

The Council of Ministers last Tuesday, July 26, approved the Royal Decree-Law establishing the new contribution system for the self-employed based on real income, which will have a transition period of nine years, until 2032, and will begin to be applied as of January 2023

Can an Employer Require Its Employees to Submit to the Vaccination Process?

  • Employers are not empowered to require their workers to undergo the vaccination process against COVID-19.
  • The employer cannot refuse to grant the agreed job to a worker for not being vaccinated against COVID-19.
  • The Labor Directorate is not the authority called to determine the vaccines that are mandatory for workers.
  • The employer cannot condition the validity of the employment relationship to the fact that a worker is vaccinated against COVID-19.

Declaration of a Single Employer and Infringement of the Company's Freedom of Contract

At the beginning of March 2022, and in a divided decision, the Constitutional Court declared the unenforceability for unconstitutionality of part of Article 3 of the Labor Code (case No. 11124-21). The latter provision regulates the conditions under which two or more companies may be considered as a single employer for labor and social security purposes, the key element being the existence of a common work management.