The health crisis triggered by COVID-19 has accelerated the already existing trend of facilitating and implementing remote working policies in Spain. However, forced remote working as a result of the pandemic has emphasised the lack of regulation in this area, not to mention the practical issues previously left unresolved. Published on 23 September 2020, Royal Decree-Law 28/2020 on remote working seeks to provide clearer guidelines in this regard.
In order to illustrate the current status of the COVID-19 extraordinary measures following the lifting of the state of emergency on 21 June 2020, this article summarises the key employment-related measures adopted since the state of emergency was declared and the updated regulation of each measure following the numerous amendments introduced subsequent to Royal Decree-Law 8/2020.
The government has adopted several extraordinary employment-related measures in response to the COVID-19 pandemic. Moreover, since a state of emergency was declared, Spain's employment authorities have published countless guidelines and instructions relating to the practical application of such measures. This article summarises the key employment-related measures adopted since the state of emergency declaration.
The government recently published a royal decree-law on urgent and extraordinary measures to address the economic and social impact of COVID-19. The measures include clarification of the grounds and simplification of the procedures to suspend employment contracts or reduce working hours due to force majeure, as well as economic, technical, organisational or production grounds.
The Madrid High Court of Justice recently ruled that riders for Glovo (a competitor of Deliveroo with a similar business model) are employees and are thus not self-employed. As other courts have ruled in similar cases that riders who operate in the gig economy do not have an employment relationship with their company, this judgment will likely be appealed before the Supreme Court in an attempt to unify the case law on the nature of such relationships.