The existence of a working relationship is established through a contract. In Spain, the elements and clauses of the contract must clearly and unequivocally define all aspects of the working conditions.
Art. 46 of the Arbitration Act 2003 (Act 60/2003) under « Foreign Status of awards», ensures the recognition and enforcement of foreign arbitral awards. Law 29/2015 of 30 July (International Cooperation in civil matters) applies to civil and commercial matters.
When hiring employees, knowledge and analysis of the Spanish employment regulations provide an understanding of the contract types in force and the benefits of existing bonuses and reductions. Companies that intend to hire new employees must first verify which type of employment contract is the most beneficial and then confirm the available types of allowances related to social security.
In a limited liability company, which differs from a corporation, the company’s by-laws can establish any term of duration for the position of director, including the possibility of an appointment for an indefinite period of time.
Law on Arbitration 60/2013 guarantees that the foreign arbitral award will be recognised and performed in Spain. Nevertheless, issues may arise and thus national jurisdictions may oppose the recognition and performance of foreign arbitral awards.
Our Legal Guide for investing in Spain comprises four major parts that focus on the “Why, What, How, and Where” of investing. Our goal is to help enumerate the specific advantages that the Spanish market offers at this moment and offer a guide, from a legal perspective, of how to proceed with an investment with efficiency and guarantees of success.
Forward purchase and forward funding contracts are particular kinds of contracts that perfectly meet the characteristics of a sales contract of a future good. These are two types of bilateral sales contracts of a future building concluded between an owner builder seller and an investor buyer. These contracts are often used in large real estate transactions.
Distribution contracts are one of the most commonly used trade contracts in business. Hence it is necessary to have a proper knowledge of their functioning in order to avoid conflicts arising from their breach.
The right to vacation days in Spain, created by a labour relationship, also exists during periods of sickness, accident, maternity or strike. Nonetheless, vacation days have an expiration date, which excuses an employer from economically compensating for the unused days.
The content of a distribution contract depends, inter alia, on the covered territory and on exclusivity obligations. In any case, and with regards to an international contract, if the product is to be distributed in Spain, the terms shall comply with Community law and Spanish regulations.