The new Royal Decree Law 5/2023 BOE, also known as the “norma-omnibus”, brings important changes in labor relations. These include the creation of a new type of employment contract: the “labor agreement”, which is more flexible and favorable for employers. As such, HR departments will have to adapt to them to ensure compliance with the new rules and labor rights. Read the details and stay updated!
Impact of Royal Decree-Law 5/2023 on labor relations
Between 1979 and 2021, 411,804 provisions have been issued in Spain. Initially, 86.6% came from the central administration and 11.3% from the regional administration. However, in 2018, the central administration accounted for 14.7%, while the autonomous communities comprised 71.8%.
That said, and in theory, Royal Decree Law 5/2023 BOE is used only in situations of extraordinary and urgent need.
However, RD-Law 5/2023 does not fit into this category. Since, it transposes five different Directives and amends 47 laws over 225 pages. Along with 226 articles, 5 additional provisions, 10 transitional provisions, 1 derogatory provision and 9 final provisions.
In short, it is an omnibus law that, regardless of its content, presents an extraordinary formal complexity. This is reflected both quantitatively in the modified rules, and linguistically in its wording and in the relationships between rules, as it does not demonstrate a coordination design (impact memory). In short, Royal Decree Law 5/2023 BOE is a regulation that is difficult for citizens to understand.
The legal framework for labor relations that we propose needs, without a doubt, a systematic and profound reform of the current regulation. It must be consensual, clear, comprehensive and stable in its basic lines and institutions. In that sense, R.D-L 5/2023 does not seem to be in line with such approaches, as was the case with the labor reform of 2021.
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The “Omnibus-standard” and its influence on human resources management
Royal Decree Law 5/2023 BOE proposes to amend Article 4.2 paragraph c) of the Workers’ Statute (ET). This amendment seeks to treat unfavorably people exercising reconciliation rights, as it will constitute gender discrimination.
This amendment is in line with Directive (EU) 2019/1158, ensuring the protection of individuals exercising these rights. In addition, it has legal backing. One aligned to case law that identifies indirect gender discrimination in the area of work-life balance.
Article 34 of the ET undergoes important changes to comply with the EU Directive on flexible working arrangements. These adjustments make it possible to adapt the working day, including telecommuting, for those caring for dependents. With Royal Decree Law 5/2023 BOE the application process is simplified. A maximum period of 15 days is established for negotiation.
The company must communicate its acceptance in writing. If an alternative is proposed or refused, objective reasons must be given. Employees have the right to return to their previous situation at the end of the agreed period. Or if the circumstances that led to this disappear.
For working time adjustments in force as of June 30, 2023, the new regulation will apply. It recognizes the return to the previous situation as an automatic right.
Modifications to paid leave under Article 37 of the Workers’ Statute (ET)
The ET includes other forms of cohabitation to also comply with the EU Directive on caregiver leave. This is also within the framework of Royal Decree Law 5/2023 BOE:
- Marriage leave is extended to registered domestic partners, equating them to married couples. It begins on the first working day after the event.
- In cases of accidents, serious illness, hospitalization or surgery requiring home rest. Paid leave is extended from 2 to 5 days, regardless of travel.
- They propose a new unpaid parental leave (Article 48a of the ET). In accordance with Directive (EU) 2019/1158. This leave covers the care of children or foster children up to 8 years of age. Being non-transferable and with flexibility in its use. It constitutes a cause for work suspension (Article 45, letter o). With job reservation, with a maximum duration of 8 weeks, full or part-time.
Keep a brief summary of these measures at hand:
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Strategic preparation for HR departments in the face of regulatory change
Some key areas in a human resources strategy include recruitment and selection. As well as training or development, performance management, compensation and benefits, internal communication and talent retention.
An effective HR strategy must also take diversity and inclusion into account. That is where Royal Decree Law 5/2023 BOE should be a key foundation.
Successful implementation of an HR strategy requires a strong organizational culture, committed leaders and active participation.
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Royal Decree Law 5/2023 BOE marks an important milestone in human resources management in Spain. Being aware of its implications and requirements is essential to ensure a successful labor adaptation. At TAS Consulting we are committed to provide you with the necessary guidance and support to comply with these changes effectively.
Do not hesitate to contact us at tasconsultoria@tas-sl.es. Get a personalized consultancy in the management of your human resources. We are here to help you achieve success in your company!
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