During the first four months of 2023, a number of regulations have been issued with implications fort the labour and social security law. In particular:
- Law 3/2023 of 28 February on employment, which entered into force on 2 March (Employment Law).
- Royal Decree 99/2023, of 14 February, which sets the minimum wage (SMI) for 2023 (RD SMI).
- Royal Decree-Law 2/2023 of 16 March on urgent measures to extend pensioners' rights, reduce the gender gap and lay down a new framework for the sustainability of the public pension system (RD on the sustainability of the public pension system).
- Law 4/2023 of 28 February, for the real and effective equality of trans persons and for the guarantee of the rights of LGTBI persons (Trans Law).
- Organic Law 1/2023 of 28 February amending Organic Law 2/2010 of 3 March on sexual and reproductive health and the voluntary interruption of pregnancy (Sexual Health Law).
The legislator has made use of these regulations to introduce changes to the labour law which present a series of relevant changes in the field of labour relations and which may have gone somewhat unnoticed.
In this newsletter we consider the various regulations and the relevant new developments:
1. Competence of the contentious-administrative jurisdiction in respect of the Labour Inspectorate's reports on the employment nature of a contractual relationship
Pursuant to Article 148 d) of Law 36/2011, regulating the Social Jurisdiction, the social jurisdiction was competent to resolve...
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