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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Technical Guide to Prepare Gender-Sensitive Pay Audits

New Regulation or Official Guidance

Author: Sonia Cortés García, Partner – Abdón Pedrajas | Littler

The Ministry of Equality and the Ministry of Labor and Social Economy jointly published a technical guide to prepare gender-sensitive pay audits. Companies that prepare an equality plan need to include a pay audit as an integral part of the diagnosis. The purpose of the pay audit is to obtain the information necessary to ascertain whether the company’s remuneration system applies effectively, across the board and comprehensively, the principle of equality between women and men in relation to pay. It must also make it possible to define what is required in order to avoid, correct, and prevent existing or potential obstacles and difficulties with a view to guaranteeing gender equality in pay and ensuring that the remuneration system is transparent and is properly monitored.

Statutory Provisions on Contributions for Social Security and Unemployment

New Order or Decree

Author: Sonia Cortés García, Partner – Abdón Pedrajas | Littler

The government issued Order PCM/244/2022 of March 30, 2022, implementing statutory provisions on contributions for social security and unemployment. The order determines the minimum and maximum contribution bases and rates, starting on January 1, 2022. The contribution base has been set at EUR 1,166.70 (as the lowest amount) and EUR 4,139.40 (as the maximum). The order also sets contribution rates for categories included in the general system with specific characteristics and for the special social security regimes (self-employed workers or independent contractors, salaried agricultural workers, maritime workers, domestic workers, artists, bullfighting professionals, etc.).

Moreover, a few new elements have been added with respect to the contribution order applicable to fiscal year 2021, including: (i) rules on the contributions of workers who are subject to temporary reductions of working hours or temporary suspensions of contracts under Article 47 bis of the Workers’ Statute; and (ii) a 75% reduction to employers’ social security contributions for nonoccupational contingencies during periods of temporary incapacity leave (sick leave) for any workers aged 62 or over.

Special Employment Relationship of Persons Engaged in Artistic Activity

New Order or Decree

Author: Sonia Cortés García, Partner – Abdón Pedrajas | Littler

The Royal Decree Law 5/2022, of March 22, amends Art. 2.1 e) of the Workers' Statute, modernizing and broadening the concept of artistic activity. It now refers to cultural activities in the field of performing, audiovisual and musical arts, eliminating the reference to artists in public shows. The severance for these contracts is improved (through the amendment of Art. 10 of Royal Decree 1435/1985, of August 1, 1985). The amount is unified at 12 days for all groups. This amount will be increased to 20 days when the duration of the contract exceeds 18 months.

It also adapts the legislation to the production of artistic expressions in the web environment and the new formulas for dissemination beyond the place of performance and the national territory, such as streaming, online dissemination or podcasting. As an additional guarantee, the application of the rules against the prolonged chaining of contracts provided for in Art. 15 of the Workers' Statute is expressly contemplated. In the area of Social Security, the Royal Decree-Law establishes that cultural professionals will be exempt from the disincentive included in the labor reform for contracts lasting less than 30 days, due to the special nature of artistic, technical, and auxiliary activities in the performing arts, audiovisual and musical activities.