The new CJEU judgment questions the interpretation of Spanish case law regarding the calculation of collective dismissals thresholds, also known as ‘the timing rules’.
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
Royal Decree 902/2020 on equal pay incorporates the obligation for all companies in Spain, regardless of the number of employees, to establish a pay register disaggregated by sex and professional categories.
Christmas hampers are not regarded, per se, as a vested right of workers. However, the specific circumstances of its regulation in each company need to be analysed case by case.
The Royal Decree-law 30/2020 on social measures in defense of employment addresses extensions for force majeure Temporary Redundancy Plans, as well as Temporary Redundancy Plans due to economic, technical, organizational, or production reasons linked to COVID-19. It also introduces Temporary Redundancy Plans for impeded or limited activities.
The Royal Decree-law 24/2020 of 26 June provides for specific labour measures to mitigate the impact of the new pandemic outbreaks on the activity of companies in Spain: ERTEs on the grounds of force majeure and ERTE due “to resurgence” of COVID-19.
The Workers’ Statute grants workers’ representatives priority to remain in the company or the workplace over other workers. Recent judgments in Spain limit this prerogative in the COVID-19 ERTE.
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.
Information note on Royal Decree-Law 18/2020 (RDL 18/2020) of 12 May, on social measures in defence of employment, which introduces modifications to employment regulation records.
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.