This year has brought important new developments in the labour field that affect both companies and workers. Here are the most relevant changes and their implications:
1. Impossibility of Termination of Employment Contract due to Permanent Incapacity.
The Court of Justice of the European Union (CJEU), in its judgment no. C-631/2022 of January 2024, has invalidated the automatic termination of the employment contract in the event of total or absolute permanent incapacity. Companies are now obliged to make reasonable adjustments in order to maintain the employment relationship, provided they do not entail excessive costs and there are vacancies available. The worker may choose to terminate the contract or undergo a medical assessment in order to continue working. If adjustments are not possible or vacancies are not available, the employer may terminate the contract without compensation.
2. Retirement of the Individual Employer and Collective Redundancies
The CJEU ruling of 11 July 2024 (C-196/23) states that when an individual employer retires and has a number of employees exceeding the collective redundancy thresholds, it must follow a formal collective redundancy process, including consultation with the employees and notification to the labour authority. Failure to do so may result in the nullity of the dismissal.
3. New Rights for Domestic Workers
Royal Decree 893/2024 introduces new obligations for household employers regarding occupational safety and health. These include conducting an initial risk assessment, providing appropriate protective equipment, and mandatory safety training. Additionally, domestic workers have the right to a voluntary medical check-up every three years. Employers have a six-month period to implement these measures.
Conclusion
At Assessoria Florit, we are always up to date with the latest legislative changes to provide you with comprehensive and updated advice. If you have any questions about how these changes may affect your company or employment situation, do not hesitate to contact us. Our team of experts is here to help you navigate this complex legal environment, ensuring you comply with all regulations and protect your business from potential penalties.
