This April, the Spanish Government has introduced three significant labour reforms that will impact both companies and employees across Spain. These measures are designed to enhance equality, safety, and the protection of labour rights, fostering a fairer and more efficient working environment.
Moreover, these changes require companies to quickly adapt to new regulatory frameworks, involving updates to internal policies and organisational structures.
With that in mind, let’s take a closer look at each of these developments and how they may affect your business.
LGTBIQ+ Equality Plan for spanish companies
As of 8 April, companies with more than 50 employees are required to implement a plan aligned with the LGTBIQ+ Equality Law. This obligation ensures the non-discrimination and inclusion of the LGTBIQ+ community within the workplace. Although the Royal Decree addressing anti-discrimination was passed last year, this new measure requires concrete action from businesses.
Key aspects of this measure:
- The plan must ensure equal treatment and non-discrimination on the basis of gender identity or sexual orientation.
- Companies must comply with the law to avoid potential sanctions.
- This plan should be integrated within the company’s human resources policies.
- Employee privacy and respect must be protected at all times, and any cases of harassment must be reported.
In general, this plan should include equality clauses governing promotions and recruitment, employee awareness programmes, anti-harassment protocols, and a disciplinary framework.
Labour inspectorate campaign on occupational risk prevention
From this month onwards, Spain’s Labour Inspectorate has launched a campaign to ensure compliance with the Occupational Risk Prevention Law. This regulation is mandatory for all companies with employees, regardless of their size.
The main objective of this initiative, aligned with the EU’s Strategic Framework on Health and Safety at Work 2021–2027, is to reduce workplace accidents through the effective implementation of safety regulations. It also aims to promote preventive practices among employers and ensure that companies provide a safe working environment, prevent risks, and protect employee health.
Key points:
- Universal obligation: All companies employing workers must have an occupational risk prevention plan in place to guarantee employee health and safety.
- Random inspections: Labour inspectors will carry out random checks to assess compliance. Companies without adequate plans or measures may face penalties.
- Ongoing review and updates: It’s vital that companies regularly review and update their safety protocols and provide appropriate training in health and safety for all employees.
Changes to Active Retirement from April
From April 1st significant changes have come into effect regarding access to and use of active retirement arrangements. This scheme allows individuals to receive part of their contributory state pension while continuing to work, either as employees or self-employed professionals.
Active retirement was first introduced by Royal Decree-Law 5/2013, aiming to support the sustainability of the pension system and promote active ageing. From 2025, access conditions are being restructured to provide greater clarity and consistency.
General requirements for active retirement from April:
- Ordinary retirement age: The individual must have reached the statutory retirement age and completed the minimum contribution period.
- One-year waiting period: At least one year must have passed since reaching retirement age and the triggering event for the pension. If the contribution requirement is met after reaching retirement age, the one-year period begins from that point.
- Private sector only: Active retirement is only permitted for roles in the private sector. Senior and public sector positions are incompatible with drawing a retirement pension.
These reforms represent a step forward in employment legislation, contributing to a more inclusive and stable work environment for all. However, they also mean businesses must review and adapt their current practices and policies.
If you need support in adapting your organisation to these new regulations, the LEIALTA labour advisory team is here to help. We offer expert guidance to ensure you remain fully compliant with all legal requirements.
