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Monday, 15 January 2018 12:40

Trends and developments in labor law by 2018

A few days after 2018, they have already begun to publicize trends and developments in labor law. It is probable that they are the movements of the Spanish parliament, those that mark the course of the various processes.


The so-called "Diego Porras doctrine" could define the future of many processes. In the event that the TJUE approves the dismissal within 20 days of the temporary hiring and activates the rigorous control of the work, a reduction of the temporality can be registered. If this does not happen, the panorama will remain the same as in 2017.

The difference of judicial criteria regarding compensation for dismissal by interim and eventual will continue. Up to this point, the TJUE is expected to dictate whether this staff will be able to receive a benefit of 12 or 20 days of salary per labor year.


The issue of controlling working time could vary if you could prove the Proposition not of Law, presented by the Socialist Parliamentary Group. Although the Supreme Court warned that there is no mandatory daily registration, this law could lead organizations to carry out controls, even if their employees meet overtime. However, there may be differences between the time management of managers and that of industrial workers.

The Reform of the Workers' Statute is something that many may expect, since it has been in force since the 80s. However, experts believe that there is not yet the political consensus needed to reach them.

For companies hired by the Public Administration, benefits are foreseen, exposed to the recent Public Sector Contracts Law. The salary conditions could be improved after the conclusion of the agreements.

Until now, it is not known with certainty what will happen with the Proposition of Law of the Socialist Parliamentary Group on the low cost outsourcing. Discussed from 2016, it proposes to establish equity in working conditions between subcontracted personnel and those belonging to the main company. If it is approved, the outsourcing will be reached for economic reasons and the salary costs would probably rise.


The focus of the European Parliament will be on the establishment of measures to protect whistleblowing, that is, to individuals who in public interest disclose private data of the company. The protection will be oriented towards possible layoffs, in order to give impulse to the figure of work accomplice.

Satisfaction for most employees could be achieved if the EU is able to set equality agreements. Many expect the reduction of the salary gap and some new social security benefits. On this last point, very laborious measures are expected. Example of them are:

  • Increase in the subsidy for the care of minors 7 to 12 years old, as well as the maternity, paternity, shelter and adoption allowance, among others.
  • Share the activity with 100% of the retirement pension.
  • Recognition of the accident in itinere as a work accident.
  • Improvement of collective rights and autonomous training.
  • Reimbursement for excessive contribution for multiple activities.

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