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Mireia Sabate

Mireia Sabate is a partner in Baker McKenzie’s Barcelona office. She practices mainly in the areas of labour and employment law. Ms. Sabate also regularly teaches at universities, having lectured on labour institutions and litigation at ESADE Law School in Barcelona, and conducted training on employment termination at ISDE (Higher Education Law and Economic Institute). She is teaching courses on social security law at the Universitat Internacional de Catalunya. Ms. Sabate has also provided training in equity law at the Barcelona Chamber of Commerce, and on the free transfer of employees at the Barcelona Bar Association.

Royal Decree-Law 32/2021 of 28 December 2021 contains the measures agreed on 23 December 2021 within the scope of social dialogue between the Spanish government and the most representative trade unions and business organizations state-wide. This new regulation is the result of a reform process undertaken at the initiative of the government and has basically concluded with significant amendments in three regulatory fields: (i) Temporary employment contracts; (ii) collective bargaining, and (iii) internal flexibility measures or temporary lay-offs.

Royal Decrees 901/2020 and 902/2020, both dated 13 October and published in the Spanish State Gazette (“BOE”) on 14 October, are basically aimed at the regulatory implementation of the new provisions on equality plans, transparency and equal pay contained in Royal Decree Law 6/2019, dated 1 March, on urgent measures to ensure equal treatment and opportunities for women and men in employment and occupation. These two decrees complement each other.

The new regulations are a product of the agreement reached by the Ministry of Labour and Social Economy, the Ministry of Equality and the most representative national trade unions, “Comisiones Obreras” and “Unión General de Trabajadores”.

The impending end, on 30 September, of temporary redundancy schemes (ERTEs) based on COVID-19 force majeure as well as the support measures for these schemes prompted the government to pass, in extremis, Royal Decree Law 30/2020, of 29 September, on social measures to protect employment, pursuant to which a range of measures are adopted to ensure that existing ERTEs are extended and new ones approved if circumstances justify them. The regulation is based on Social Agreement to Protect Employment III, which was reached by the government, trade unions and companies. It will enter into force on 30 September 2020.