Labor law developments | First quarter 2025

The first months of 2025 have brought relevant new developments in the management of labor relations. We draw particular attention to the procedural reform, and regulations on artificial intelligence and LGBTI+ measures.

This newsletter provides a summary of these and other developments.

Procedural reform

• The reform of the Judicial Review Court Rules introduced by Act 1/2025, of January 2, on efficiency measures in the public service of justice, introduces significant amendments affecting the management and planning of labor court proceedings, particularly in terms of the presentation of documentary and expert evidence. Under this regulation, from April 3, 2025, it will be mandatory to transfer and submit documentary and expert evidence in labor court proceedings at least 10 days before the trial date. It also introduces other noteworthy developments concerning cassation interest in cassation appeals to reconcile the doctrine, which will make it even harder to access this extraordinary appeal to the Supreme Court. 

Social Security

• Interpretative criterion 21/2024, of the General Directorate of Social Security (DGOSS), clarifies key issues concerning the additional solidarity contribution introduced under Royal Decree-Law 2/2023, which came into effect on January 1, 2025.
• Royal Decree Law 1/2025 of January 28, (i) updates the social security contribution bases for 2025; (ii) implements the Intergenerational Equity Mechanism (MEI), an additional contribution aiming to improve the sustainability and equity of the pension system; (iii) reaffirms the commitment to maintain the employment of those affected by a temporary labor force adjustment for a period of between six months and two years; and (iv) extends the restriction on dismissal imposed on companies receiving state aid due to suspension measures and reduction of working hours. 

Temporary contracts in the agricultural, agri-food, livestock and forestry sector

• Article 15.2 of the Workers Statute has been amended in Act 1/2025, of April 1, on the prevention of food loss and waste to extend the margins for the use of 90-day temporary contracts due to production circumstances for short-term needs in the agricultural and agri-food, livestock and forestry sectors, as well as the industry associated with these sectors. Specifically, it restricts the situations and causes enabling these contracts to be entered into and extends the term from 90 to 120 days. 

Paid leave

• Act 6/2024, of December 20, improving the protection of living donors of organs and tissue for subsequent transplantation entered into force on March 3, 2025. It introduces new section (g) to article 37.3 of the Workers Statute, under which living donors of organs and tissues are granted paid leave and improved temporary incapacity benefits if the donation interferes with their work.  

Collective bargaining

Relevant case law

• The Supreme Court judgment of January 29, 2025, helps clarify the application of collective agreements in the workplace, stating that a company agreement can take precedence over a sectoral agreement, by application of the priority of the earlier agreement, if the negotiation of the new agreement is not kept active for a year and a half, as in the case under review.  

 Chemical industry

• The 21st General Agreement for the Chemical Industry has been published, making important amendments that affect companies in the sector and introducing innovative clauses on LGBTI+-related measures and the use of artificial intelligence, among others. The new text was published in the Official Gazette of the Spanish State on February 17, 2025, and is retroactive to January 1, 2024.  

Artificial intelligence

• The obligation for AI literacy, as stipulated in article 4 of the Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024, has been applicable since February 2, 2025. Under this article, providers and deployers of AI systems must take measures to ensure a sufficient level of AI literacy of their staff and other persons dealing with the operation and use of AI systems on their behalf. The regulation also establishes prohibited AI practices, including the use of AI systems to infer emotions in the workplace, except for medical or safety reasons (art. 5.1.f).  

LGBTI+ related measures

• Under Act 4/2023 and Royal Decree 1026/2024, from April 10, companies with over 50 employees must implement LGBTI+-related measures, regardless of whether they have been approved in collective agreements. The aim of these measures is to promote equality and inclusion of LGTBI+ people in the workplace. They must also include an anti-harassment protocol to ensure a safe and respectful work environment. Determining each company’s current situation is crucial to define an effective strategy and comply with the new diversity regulations.

Future labor reform

• The future reform on maximum working time and working time registration is still being processed. On February 4, 2025, the Council of Ministers approved the draft bill to reduce the maximum weekly working hours, modify working time registration, and strengthen the right to disconnect digitally, following an agreement reached between the government and the trade unions CCOO and UGT on December 20, 2024. The bill has yet to undergo parliamentary processing. More details