The basis to claim an undue payment appears in articles 1895 and 1901 of the Spanish Civil Code and resides in the legal obligation between a person who receives what he/she is not entitled to and the entity that makes the payment by mistake.
Author Archive for: Alejandra Sanz
About Alejandra Sanz
A licensed attorney with a Master's degree in Commercial Law, Alejandra Sanz is specialized in the areas of company labour law and employment law in Spain. Working languages: Spanish, English, and French. For any query Contact Alejandra Sanz
Entries by Alejandra Sanz
Law 27/2011, of August 1st, in its sixteenth additional provision, establishes, for companies that carry out redundancy procedures affecting workers from fifty years of age onwards, the obligation to make a financial contribution to the Public Treasury.
Companies will have the possibility to establish a double salary scale based on the date of incorporation of the employees, as long as they respect the provisions of the applicable law and collective agreements.
The working time register is an amendment to Article 34 of the Workers’ Statute. This measure provides that companies in Spain must ensure compliance with the established limits on working time.
The Court of Justice of the European Union ruled in a February 22, 2018 decision (Case C-103/16) that the Spanish legislation allowing for the inclusion of pregnant women in an ERE (Expediente de Regulación de Empleo or collective dismissal) is in line with Directive 92/85.