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.
Pérez de los Cobos, Francisco. Kafka o la miseria del Derecho
Copyright (c) 2026 LABOS Revista de Derecho del Trabajo y Protección Social https://creativecommons.org/licenses/by-nc-nd/4.0
Sickness Absence Due to Temporary Incapacity for Work. A Review of Current Debates
The sustained increase in sickness absence due to temporary incapacity for work has become one of the main challenges currently facing labour relations and the Social Security system in Spain. This article reviews some of the most controversial issues raised by this phenomenon from a twofold perspective. On the one hand, it examines factors related to workers’ health and the preventive strategies associated with occupational health, healthcare provision and return-to-work policies. On the other hand, it analyses the economic incentives and recent legal reforms affecting absence-related decisions, paying particular attention to employment stability and to the impact of Act 15/2022 on protection against dismissal and sickness absence-related pay policies. The analysis highlights the complementary nature of both perspectives and the limitations of considering either of them in isolation.
A brief reflection on absenteeism due to temporary incapacity and the role that collective agreements can play in its management
Absenteeism has become one of the major challenges in labor relations since the pandemic. While not a new issue, there have been both quantitative changes –the number of cases is increasing each year, along with a rise in total costs– and qualitative changes, as factors such as age and mental health, which have yet to be fully analyzed, have emerged, highlighting the need for solutions. While regulatory changes are necessary, particularly regarding the management of temporary disability, collective bargaining can be a strategic tool.
The debate on workplace absenteeism through the prism of temporary disability. Statistical reality, institutional management and regulatory complexity
Workplace absenteeism has taken center stage in the political and economic debate. It is frequently approached from a purely macroeconomic perspective that tends to stigmatize temporary disability leave, labeling it as an expense and ignoring any other considerations regarding the benefit. This opinion piece questions the institutional narrative of the AIReF, which advocates for tightening access to the benefit and reducing financial subsidies as a way to control spending. In contrast and based on an analysis of statistical reality and recent legislative reforms concerning temporary disability leave, this article argues for the need to shift the focus to issues outside the economic debate. This approach prioritizes preventive health protection and the optimization of administrative and healthcare management, moving beyond the current, predominantly economic vision.
The validity of award criteria that incentivize salary increases in public sector contracts. Commentary following the CJEU judgment of 5 March 2026 (C-210/24) and the Basque Country's ROARC 75/2026 of 22 April
Social clauses in public sector contracts have been only sparsely addressed by the Court of Justice of the European Union (CJEU) over the past decade. The current generation of directives, more conducive to socially responsible public procurement than its predecessor, has coexisted with a limited and ambiguous body of European case law, in some instances grounded in repealed legislative frameworks. On this occasion, the CJEU delivered its ruling in the judgment of 5 March 2026, following a request for a preliminary ruling referred by the Basque Administrative Tribunal for Public Procurement Appeals. In its judgment, the Court upheld, in abstract terms, a social clause framed as an award criterion that assessed wage increases for workers above the amount established in the applicable sectoral collective agreement. This commentary analyses both the CJEU judgment and the subsequent decision adopted by the referring administrative body, drawing on previous and contrasting judicial and administrative doctrines in order to understand the implications of this ruling for the future of labour-related social clauses.
Judicial territorial competence in teleworking cases in light of the doctrine of the Supreme Court
This study examines one of the “grey areas” arising from the practical application of Law 10/2021, of July 9, on Remote Work; specifically, the determination of territorial jurisdiction in the event of a conflict. The research addresses the controversy generated by the locative element of teleworking, which has resulted in conflicting judicial interpretations. It further analyses the diverse criteria adopted in court rulings and evaluates the Supreme Court’s jurisprudence on the issue.
Compensation for public holidays coinciding with weekly rest. Critical commentary on SAN no. 88/2026, of May 19, and its projection on the doctrine of the Supreme Court
Judgment no. 88/2026 of the Spanish National High Court, delivered on 19 May 2026, constitutes a major development in Spanish labour law regarding public holidays and weekly rest periods. The ruling establishes that public holidays and weekly rest are distinct and independent labour rights, meaning that one cannot absorb or replace the other. Consequently, when a public holiday coincides with a worker’s weekly rest day –particularly Saturdays in ordinary Monday-to-Friday schedules– employees are entitled to effective compensation through an additional day off or an equivalent measure. The judgment expands the doctrine previously established by the Spanish Supreme Court in Judgment 372/2025 of 30 April, which had focused on rotating shift systems and weekly rest overlaps. The National High Court extends that reasoning to ordinary working schedules, thereby recognising the right to compensation even where Saturday is not ordinarily worked. This article analyses the legal foundations of the judgment, its relationship with Article 37 of the Workers’ Statute, and its foreseeable impact on companies, collective bargaining, labour costs and retroactive claims. The study concludes that the ruling may substantially transform the legal treatment of annual public holidays within Spanish labour relations.
Climate change mitigation and just transition strategies in Spain. A trade union perspective
The objective of the article is to analyze Spain´s stance on climate change mitigation policies and just transition strategies. First, a critical assessment is made of the main legislative initiatives and public policies, as well as the mechanisms required to ensure their implementation –including the associated investment commitments– in order to carry out the energy transition. Subsequently, it evaluates the main strategies aimed at ensuring a just transition in Spain. The main conclusion is that these two areas do not progress in a synchronized manner or with the same intensity, revealing a gap between the achievement of environmental objectives and the implementation of the necessary social safeguards.
Professional dignity as a determining factor in the termination of employment due to employer non-compliance
The grounds for termination set forth in Article 50 of the Workers’ Statute have traditionally encompassed a wide range of justifications for contract termination, among which failure to pay or delay in paying wages –as well as issues as diverse as workplace harassment– have been the primary focus of labor law scholarship. However, since Law 3/2012 of July 6 removed the requirement for vocational training from the concept of professional dignity, the truth is that this concept has required constant updating due to changes in labor relations themselves and, consequently, to the substantial modifications that go beyond the provisions of Article 41 of the Workers’ Statute, making a review of its current status necessary.
Labour intermediation as a mechanism for the labour market inclusion of persons with disabilities. Effectiveness and contribution to decent work
The article analyses the labour intermediation system in relation to persons with disabilities within the framework of Employment Law 3/2023, starting from the persistent difficulties in accessing the labour market and in the quality of employment. It examines the legal configuration of the labour intermediation model as an instrument for labour inclusion and for the promotion of equal treatment and equal opportunities. The study shows that, despite the regulatory redefinition of the system, its practical effectiveness in the labour inclusion of this group remains limited. It concludes that these limitations reduce its capacity to contribute effectively to equality of opportunity in access to employment and to progress towards working conditions consistent with the concept of decent work promoted by the International Labour Organization.
Extreme heat and its impact on the workplace
Although it has not been an event that received the media attention it deserved, in the last three years something very important has happened within Labor Law: the legislator has finally become aware of the significant exposure of workers to environmental risks, especially those who do not perform their duties in a workplace, and has approved what is undoubtedly a milestone in the history of Labor Law: the minimum environmental conditions that must be guaranteed in any work performed outdoors (cf. the new Sole Transitional Provision of Royal Decree-Law 4/2023, introduced into Royal Decree 486/1997, which establishes the minimum safety and health provisions in workplaces). However, despite its commendable intention, the legislator has been somewhat weak in its provisions, resulting in an ambiguous regulation. This paper focuses on evaluating the various unclear aspects of the new regulation and on assessing the real scope that its provisions may have in practice, highlighting that its very broad margin of indeterminacy undoubtedly reduces the practical effectiveness of this new regulation and delegates fundamental aspects of occupational risk prevention to collective bargaining that should have been addressed more decisively in the text of the regulation itself.
The Employment Situation of Media Professionals in Spain
The nature of the work performed in the media sector, as well as the way in which that work is carried out, has characterized the approach and content of its labor relations for decades. To this must be added digital transformation, the emergence of new communicators, and the changes in employment that have occurred in our modern society. An exploration of these particularities and a legal analysis of the current situation, as a barometer of what is new and what is yet to come, constitute the raison d’être of this study.
Rebuilding the protective approach. Technological guaranteesand new principles of worker protection in the digital age
The new technological labour guarantism constitutes the logical and historical extension of classical Labour Law into a context radically transformed by digitalisation and artificial intelligence. The source of structural power imbalance is no longer merely the ownership of the means of production, but increasingly the control of data, algorithms, and automated decision-making systems. In response, the text sets out five founding principles: the principle prohibiting the algorithmic reification of the worker, which establishes human dignity as an absolute and non-derogable limit on any AI system; the principle of collective compensation for the structural weakness of individual consent, which transforms collective bargaining into the institutional counterweight to corporate technological power; the principle of preventive or by-design proportionality in algorithmic work management, which places upon the employer the burden of justifying ex ante the necessity and suitability of the system; the principle of actionable transparency in algorithmic management, which demands an explainability that is genuinely useful for the effective exercise of rights and their challenge before the competent authorities; and the principle of real human reserve in automated work management, which requires substantive human oversight that is technically qualified and endowed with genuine authority to oppose and override algorithmic outcomes.
collective bargaining by-design proportionality
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.
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.