LABOS Revista de Derecho del Trabajo y Protección Social
Labos. Revista de Derecho del Trabajo y Protección Social es una revista científica en materia de Derecho Laboral y Seguridad Social. Es una publicación editada desde 2020, con una periodicidad cuatrimestral. Para la publicación de originales, Labos utiliza un sistema de revisión externa por pares, siendo los evaluadores científicos expertos en el conocimiento de las materias en las que se investiga y cuyos nombres se irán publicando en la página web de la revista. Se trata de una Revista científica que se publica en formato digital de acceso abierto (OA).
Los autores ceden a la Revista Labos los derechos de reproducción y distribución, así como cualquier forma de explotación del trabajo.
The reception in collective bargaining of the 2021 reform of the Tenth Additional Provision of the Workers' Statute
The reform of the tenth additional provision of the Workers' Statute prohibited mandatory retirements under the age of 68 stipulated in collective bargaining agreements and established the hiring of a new worker on a full-time, permanent contract as the sole justification for employment policy. Furthermore, a positive action measure was introduced to encourage the hiring of new female workers to fill the positions of those forced into retirement in sectors with low female employment, allowing for the reduction of the retirement age in collective bargaining agreements to the standard retirement age. This article aims to analyze the reception of this reform in collective bargaining.
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The uncertain course of Article 84 of the Workers' Statute after the 2021 reform
In recent years, collective bargaining in Spain has seen a reversal of the decentralised model introduced in 2012. The 2021 reform removed the priority given to company-level agreements in matters of pay and sparked a protracted dispute over interpretation, exacerbated by successive regulatory interventions. Case law initially established the primacy of sectoral agreements even over earlier company-level agreements, before clarifying this by distinguishing between the absolute priority of company-level agreements in areas of negotiation that were originally unregulated and their merely relative priority where an active sectoral bargaining unit already existed. The result is unequivocal: the sectoral agreement has regained its central role, particularly in matters of pay, relegating the company agreement to a residual one.
2021 Labour Reform (Royal Decree-Law 32/2021)
Temporary employment in the public sector. Four years after the 2021 labor reform
More than four years have passed since the labor reform implemented by Royal Decree-Law 32/2021 of December 28 was approved. The purpose of this paper is to assess, both quantitatively and qualitatively, the level of compliance with the objective set by our legislature to reduce the levels of temporary employment in the public sector. To this end, we will evaluate not only the measures directly related to temporary employment and expressly included in the aforementioned law, but also those contained in Additional Provision 17 of the Basic Statute of Public Employees (system of responsibilities and compensation) and in Law 20/2021 of December 28 (stabilization processes).
The RED mechanism after its first years in force. Between regulatory innovation and limited practical application
More than four years after the entry into force of art. 47 bis of the Workers' Statute, this paper updates and develops an earlier analysis of the Mecanismo RED (the employment flexibility and stabilisation mechanism) written shortly after its approval. The study reviews the legal and regulatory design of the Mechanism in its cyclical and sectoral modalities, the decision to activate it by the Council of Ministers and the role of the social partners, with particular attention to the problem of regional trade union representativeness and to the question of territorial competence, both recently addressed by the courts. It also examines the procedure for suspending contracts and reducing working hours, the social security contribution exemptions, the training requirements, and the specific benefits granted to affected workers, including the case law on whether these periods count towards subsequent unemployment benefits. The quantitative analysis of the only two activations to date –travel agencies and motor vehicle manufacturing, both sectoral– reveals a persistent contrast between the sophistication of the regulatory design and the modesty of its practical application, compounded by the Fund's lack of endowment, the failure to carry out the legally mandated evaluation, and the Mechanism's inoperability in the face of purely regional crises.
Subcontracting of works and services. New interpretations and pending challenges after the 2021 reform
Real Decreto Ley 32/2021, December 28 th, has modified different parts of the Estatuto de los Trabajadores, among them, section 42. The main change was the incorporation of a rule to determine which collective agreement applies to workers affected by outsourcing. The main purpose of this paper is to outline the interpretative problems generated by the rule and the solutions arbitrated in case law. Likewise, others judicial decisions that have influenced the scope of application of the section are also critically examined.
The open-ended contract tied to a specific project in the construction sector. A critical assessment after five years in effect
This paper analyses the open-ended project-assigned contract (contrato indefinido adscrito a obra) in the construction sector after five years in force, paying particular attention to its legal configuration, the role of collective bargaining and the main interpretative issues arising from its termination regime. Based on a legal, doctrinal and collective bargaining analysis, it argues that, despite the formal transition from the former fixed-term project contract to an open-ended arrangement, significant elements of material continuity with the previous model remain, thus calling into question the real scope of the reform beyond its statistical impact on temporary employment.
Permanent contract linked to a specific project
The rise of fixed-term intermittent contract. Strengths and weaknesses of a recent experience
The paper analyses the central role assigned to the fixed-term intermittent contract by the 2021 labour reform and provides an assessment of its recent evolution. It examines doctrinal, judicial and collective bargaining responses, together with the available data on its use, highlighting both the expansion of this contractual form and the interpretative and operational difficulties it raises. The study concludes that, despite its statistical success in reducing temporary employment, significant uncertainties remain regarding its functioning and its contribution to the effective stability of employment.
The presumption of indefinite-term employment contracts. The role of collective bargaining in job stability
The labor reform tries approved by RD Law 32/2021 included new rules to increase the fixed employment contracts and establish objective criteria and conversion commitments of fixed-term or temporary contracts into permanent ones. This paper analyses the amendments made to Article 15.5 of the Workers’ Statute regarding the chaining of contracts, as well as the measures adopted in the sanctioning framework to achieve this objective. Finally, the article examines the response given by collective bargaining to the call made regarding plans to reduce temporary employment”.
Interpretive highlights and shadows of the new contracts due to production circumstances
With regard to the grounds for fixed-term employment, the reform approved by Royal Decree-Law 32/2021 gave rise to a contract based on production-related circumstances, emerging from the ashes of the traditional so-called “contrato eventual”. The new contract is, in reality, not one but two contracts: one for unforeseeable reasons and another for foreseeable reasons. Four years into the operation of these new contracts, from an interpretative perspective, there are more shadows than lights. This paper seeks to shed light on these grey areas, which still lack substantial case-law support. The guiding principle adopted is that of the predictability-unpredictability dichotomy, which allows us to outline the scope that the longer contract due to production circumstances should occupy on the basis of what is irregular or non cyclical, whilst the domain of the shorter contract is that of the cyclical, and is therefore closer to the sphere of the so-called “contrato fijo discontinuo” (intended for permanent but intermittent work, sometimes translated as “vertical part-time work”), although the former is more characterised by occasionality than the latter.
contract based on production circumstances
permanent contract for intermittent work
The reform of apprenticeship contracts five years later. New regulations, same (quantitative) results
The labour reform introduced by Royal Decree-Law 32/2021 aimed, among other objectives, to reduce structural temporary employment and to promote training contracts. Five years later, the analysis of quantitative employment data combined with the regulatory developments enacted since 2021 reveals that the use of training contracts has not increased significantly. Their limited expansion can be attributed to the continued prevalence of alternative mechanisms such as internships, the regulatory complexity of the system, and the insufficient coordination between labour and educational legislation, particularly in training‑through‑work schemes. This article reviews the reform’s objectives, examines the evolution of training contracts, and critically analyses the current regulatory framework, with special attention to RD 1065/2025.
Varela Villar, Anxo. Diligencia debida en las cadenas de suministro. Análisis laboral comparado de derecho europeo, norteamericano y alemán
The permanent difficult mission of the Labour and Social Security Inspectorate
This article aims to anticipate the future of the Labor and Social Security Inspectorate's activities over the next 10 to 15 years. To this purpose, firstly it identifies the elements that will most profoundly alter the environment in which inspections currently operate: digitalization and labor mobility, as well as the scenarios they will create. Secondly, it proposes a series of adaptations of the Inspection System to this new situation.
The digital world and labor inspection. Current problems (without AI) and possible developments
Before the emergence of AI, issues such as the handling of digital evidence by labor inspectors when it comes from private conversations, particularly via WhatsApp, were already controversial, given the significant legislative shortcomings in this area. In any case, the spectacular advances in computing with AI have sparked debates about labor inspection, both in terms of its organic existence and its modus operandi. New technologies enable the General Treasury of Social Security to carry out its own checks on compliance with contribution obligations, and automated administrative penalties are becoming more common, reviving old debates about the principle of culpability.
Reflections and proposals for review on Labour and Social Security Inspectorate
The actions of the Labour and Social Security Inspectorate must be guided by the principle of effectiveness, but also by respect for the fundamental rights of those under investigation. Currently, both objectives are affected by risks and controversies that require resolution; therefore, this analysis seeks to reflect on and formulate proposals regarding these open issues surrounding inspection activity.
Co-responsability and active fatherhood. Advances in employment equality in the Iberian Penainsula
This article analyzes the development of legislation on co-responsibility and active fatherhood in the Iberian Peninsula, based on the framework established by European Union directives on work-life balance. It examines the transposition of these directives into the legal systems of Spain and Portugal, paying particular attention to measures aimed at the balanced distribution of caregiving responsibilities and the involvement of both parents. The comparative study of both legal systems reveals a convergent trend towards models based on the individualization of work-life balance rights. The cases analyzed demonstrate that effective work-life balance is not achieved by extending leave exclusively linked to maternity, but rather through individual, non-transferable, and adequately remunerated leave.
The dismissal letter as a guarantee of the employee’s right to defence. A matter for reconsideration
The dismissal letter has traditionally been regarded as a safeguard of the employee’s rights to a defence; however, there are well-founded reasons that invite a reconsideration of this assumption. In this regard, the present study seeks to explore the relationship between the dismissal letter and the employee’s rights of defence, with the aim of determining whether this formal requirement genuinely constitutes a guarantee of such rights.
Fundamental right to effective judicial protection
Teleworking as a key of work-life balance from the right to Adaptation of article 34.8 ET. A double-edged measure
Teleworking is currently presented as a strategic tool for achieving a proper balance between the work-life balance needs of employees and the productivity standards of companies. However, beyond its dazzling advantages and opportunities, a more thorough analysis reveals just as many risks, especially related to the perpetuation of gender roles in new virtual environments. This necessitates highly refined and precise regulations in this area. And, in this respect, teleworking accessed through the right to adaptation under art. 34.8 ET stands out for its legal, scientific, and socio-economic significance. This study examines this aspect in depth, considering judicial and scientific doctrine, with a critical approach and proposals for improvement.
Spain’s social security system has served as a social tool that has adapted to the transformation of migration flows. From this perspective, it is clear how social security benefits have evolved from primarily supporting Spaniards returning to their country –through instruments such as old-age pensions, unemployment benefits, and extraordinary allowances– To the current approach, which focuses more on incentivising immigration flows. This article analyses this particular role of social security, using Spain as case study. This country is an exceptional example due to the large number of bilateral social security agreements signed with third countries and by the fact of being part of the Ibero-American Multilateral Agreement on Social Security, a pioneering experiment with the objective of guaranteeing the rights of migrant workers and their families.
The disruptive judge as an epilogue to the new spanish judicial ecosystem
The digitalization of justice continues to be a global challenge; however, in recent years, various technological initiatives have been promoted to modernize it and adapt it to the demands of an increasingly interconnected society. This process occupies a central role in Spain’s political and reformist agenda, giving rise to innovative platforms capable of expediting the resolution of legal cases and optimizing the efficiency of the judicial system. At the same time, the possibility of incorporating robot judges into the administration of justice has become the focal point of current debate, a proposal that arouses both enthusiasm and apprehension. This research will therefore explore the implications of such an initiative, weighing the potential benefits and risks that automation may entail in judicial decision-making.
Multiple Litigation System in the Social Jurisdiction (Joinder of Actions, Test Case Procedure, and Extension of Effects)
This paper offers a systematic and up-to-date analysis of the Multiple Litigation System (SLM) following the far-reaching reform introduced by Royal Decree-Law 6/2023 and Organic Law 1/2025. It explains how joinder of actions and proceedings, test-case litigation, and the extension of effects together form a graduated model designed to manage large-scale repetitive litigation in the social jurisdiction, preventing contradictory decisions and strengthening procedural economy. The author clarifies the constitutional foundations of the SLM, particularly its connection with the principle of equality in the application of the law (Art. 14 of the Spanish Constitution) and the case law of the Constitutional Court. The study precisely defines the scope of application of the system, distinguishing the proceedings in which it is appropriate from those in which it is excluded for structural or legal reasons. It also analyses the interaction between the SLM and the judicial reorganisation resulting from the creation of the Courts of Instance, highlighting its practical impact on the management of repetitive claims. The paper provides a detailed examination of the functioning of the test-case procedure and the extension of effects, offering interpretative criteria to fill existing normative gaps. It further establishes the structural difference between the SLM and collective disputes, clarifying when each mechanism should operate. Finally, it assesses the advantages and drawbacks of the system and proposes measures aimed at ensuring its correct application without undermining the right to effective judicial protection.
The role of regulations in Labour Law. On the recent proposals for «development» of the Estatuto de los trabajadores
The paper analyses the recent strengthening of regulatory powers in labour matters as a response to the difficulties of the legislative procedure. It examines two major initiatives –the draft Royal Decrees on working-time recording and on the transposition of Directive (EU) 2022/2041 on adequate minimum wages in the European Union together with the development of the rules governing the application of the statutory minimum wage –from the perspectives of both the material and the formal reservation of law, as well as the principle of normative hierarchy.
Martínez Girón, Jesús y Arufe Varela, Alberto. Los catedráticos españoles de Derecho del trabajo (1917-2024).
Sierra, Elisa. Prevención de riesgos laborales y perspectiva de género
Change of judicial criteria and application over time of the doctrine unified by the Fourth Chamber of the Supreme Court
Labour, precariousness and mental health
The complex relationship between work and mental health is a topic of increasing relevance in public debate and in research from different fields of knowledge. It is addressed in this text paying particular attention to precariousness and its negative impact on the emotional and psychological sphere of workers, as well as to the new emerging risks associated with new forms of work organisation and performance in digitalised environments. The starting point is the traditional approach focused on psychosocial risks, which is essential, but a broader perspective is also proposed, pointing to an assessment on the adequacy and, where appropriate, review and adaptation of some areas of labour law that can be key to reducing precariousness and protecting mental health in the workplace, along with other public policies in this regard. The contents, conclusions and proposals of the report on precariousness and mental health in Spain (PRESME Report) are analysed, as well as the needs and possibilities of action regarding new forms of organization of business and work that generate precariousness and new risks for mental health, and the convenience of revising the regulation on working time considering technological and socioeconomic transformations, and aiming an adequate and healthy work-life balance. Finally, the importance of the collective dimension for addressing these issues is emphasized, and some author's personal reflections and proposals for debate are provided.
The Legal Governance of Occupational Mental Health
This gap between legal recognition and practical implementation manifests in three principal areas. At the preventive level, the management of psychosocial risks is still partial and heterogeneous, shaped by cultural inertia, insufficient methodological tools, and the lack of specialized technical expertise. At the benefits level, the exclusion of mental disorders from the official list of occupational diseases requires their forced accommodation within categories originally designed for physical risks, which complicates the recognition of work-related causation. Finally, liability mechanisms display limited effectiveness, largely due to evidentiary requirements that do not align with the multifactorial nature of these conditions. In this context, workplace mental health remains a legal category in the process of formation. Its effective consolidation requires regulatory development, the technical strengthening of the preventive system, and a conceptual reassessment of traditional legal categories within labour law.
Mental health in the workplace in the age of artificial intelligence
It is an incontrovertible fact, statistically proven, that new smart technologies contribute to a global decrease in accident rates, improving the well-being of workers. However, their dark side cannot be ignored either, as they do not eliminate harmful substances entirely, adding to traditional risks other emerging hazards capable of crossing the thin and vulnerable line of mental health, so severely impacted by the pandemic and so threatened in the current production environment. This worrying reality compels us to design appropriate legal responses that cannot be limited to providing mere compensatory protection, but rather require a commitment to an effective preventative policy in the workplace.
Violence against women. The role of the media in preventing it
This paper examines the relevance of integrating a gender perspective into the journalistic profession, given its importance for the ethical and deontological treatment of violence against women. The exercise of journalism requires training in media coverage guided by principles that serve the public interest, facilitating the understanding of a social problem that must not be silenced. It is essential that this approach avoids encouraging sensationalism, voyeurism, for trivializing narratives, thereby preventing revictimization and the reinforcement of misogynistic and patriarchal cultural patterns. The aim of this research is to propose responsible labor policies and professional practices, recognizing the influence of communication on public opinion as a tool for combating violence against women.
Paid leave as a tool for balancing family and work life
The Royal Decree-Law 5/2023, of June 28, introduced significant changes to work permits. Specifically, the amendment to those included in Article 37 of the Workers' Statute is of particular significance because it not only expands the scope of these permits but also enhances shared responsibility for caregiving by adapting to new family realities. However, this new regulation is not without its difficulties, and its practical application is revealing problems of interpretation and application that require judicial intervention and clarification through collective bargaining.
Partial retirement and replacement contract
This paper examines the legal framework governing partial retirement within the Spanish Social Security system, focusing on its legislative development, current configuration, and the interpretation given by the Supreme Court. It analyses how this form of access to the pension—allowing the simultaneous ved from its original purpose of promoting employment towards a regulation aimed at ensuring the financial sustainability of the system. The study addresses the requirements for access to partial retirement, the compatibility between work and pension, the specific features of the replacement contract, and the consequences of non-compliance for both the employee and the employer. Particular attention is given to the innovations introduced by Royal Decree-Law 11/2024 and to the interpretative issues arising from its implementation. Based on a combined analysis of legislation and judicial doctrine, the paper highlights the complexity of an institution that, beyond the most recent reform, calls for a systematic reading capable of reconciling employment policy, system sustainability, and legal certainty.