In recent weeks, several labour developments have emerged which, although they affect different types of companies, have one point in common: they require a review of labour operations.
These changes refer to the compensation of certain public holidays, electronic notifications from Spanish Social Security in incapacity processes and the importance of time recording in remote work situations.
We review these developments and the key issues companies should be aware of to anticipate potential impacts on labour management.
Public holidays falling on Saturdays: pay attention to the working calendar
The Spanish National High Court has recognised the right to compensate certain public holidays falling on a Saturday with additional rest time.
Specifically, the ruling refers to the national collective bargaining agreement for the contact centre or customer service sector. The dispute arose because, during 2026, several national public holidays fall on Saturdays, a day that, for many companies, already constitutes weekly rest.
For this reason, the Spanish National High Court has considered that, in these circumstances, the public holiday cannot be understood as automatically enjoyed. Therefore, it must be analysed whether additional compensation is appropriate.
However, although the judgment applies to a specific sector, it is relevant because it raises a common issue in many companies: what happens when a public holiday is absorbed by a day that was already a rest day.
In certain cases, it cannot be understood that the public holiday has been enjoyed simply because it coincides with a non-working day for the employee. As a result, companies should carefully review:
- the applicable collective bargaining agreement;
- the working calendar;
- shift systems;
- and the way public holidays that coincide with rest days are compensated.
This does not mean applying the same criterion automatically to all cases. However, it does mean checking whether the current organisation may generate differences or claims.
Spanish Social Security: more electronic notifications in incapacity processes
Order ISM/541/2026 of Spanish Social Security modifies the way this body will communicate with certain employees.
Its publication extends the cases in which electronic notifications and communications are mandatory in processes related to temporary incapacity, permanent incapacity and permanent non-disabling injuries.
In other words, certain communications will no longer depend on traditional paper delivery and will instead be managed through the Spanish Social Security Electronic Office.
In practice, this obligation does not only affect the people applying for these benefits. It also has an impact on companies and labour departments. This is because a notification that is not addressed on time may cause delays, missed deadlines or issues in the management of sick leave or an incapacity file.
For this reason, it is advisable to properly inform the people affected and review the internal protocols for monitoring incapacity processes.
Remote work and work-related accidents: time recording becomes key again
The Spanish Supreme Court has reinforced the importance of time recording in remote work cases. In a recent judgment, the Court considered the heart attack suffered by an employee at home during a remote working day with flexible hours to be a work-related accident.
The key point in this case was not the place, but the time of death, as it occurred during working time. In this matter, the lack of a sufficiently clear time recording system weakened the company’s position.
As a result, companies should review:
- Whether the time recording system clearly records the start and end of the working day.
- Whether relevant breaks or pauses are documented.
- Whether the remote work system makes it possible to prove when the employee is working.
- Whether the internal remote work policy is sufficiently up to date.
Practical key points for companies
These developments show that labour management increasingly requires order and traceability.
It is not enough to have approved internal policies. Companies must check that they are applied correctly, that records are useful and that the company can justify its decisions if a claim or administrative action arises.
In this context, it is advisable to review the working calendar, the criteria for compensating public holidays, communication protocols in incapacity processes and time recording systems in remote work.
From LEIALTA’s labour department, we support companies in reviewing their labour obligations, helping them adapt their internal processes to new administrative and judicial criteria.
