Among the measures approved by the government after the decree of the state of alert in Spain, the temporary suspension of employment contracts or ERTE (temporary employment regulation file) takes on special relevance for the company.
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Entries by Labour Law
The “à la carte” working day is once again challenging companies in Spain. Beyond the impact on the organization of working days and shifts, workers’ demands can provide guarantees of indemnity against possible dismissals.
Royal Decree Law 8/2019 of 8 March 12 May 2019 establishes that all companies carrying out an activity in Spain must keep a daily record of the working hours of their workers. Non-compliance with this measure may lead to fines up to €6,250.
The new Royal Decree-Law 28/2018, of 28 December, determines the inclusion in the Social Security System of persons who carry out training practices, non-work practices, or external academic practices in companies, institutions or entities included in training programmes. The measure applies to remunerated and non-remunerated internships.
The Spanish justice system begins to call into question the à la carte working day when it appreciates that the organisational causes founded by the company are more relevant than the purposes alleged by the workers who request the adaptation of their working hours.
Community regulation and, by transposition, Spanish regulation, allow companies to use qualified electronic signatures as a fully effective and legally valid instrument for signing contracts and other employment documents.
Articles 41 and 51 of the Labour Law in Spain establish the procedure to be followed in the negotiating of the conditions of an employee’s work contract, as well as in the case of its expiry, when said contract affects all workers.
The modification of Article 34 of the Workers’ Statute through Royal Decree-Law 8/2019 introduces new regulations for companies to comply with. Maintenance of the daily record of working hours (start and end times) is one of the new measures.
The Supreme Court has recently issued its first ruling on the issue of negotiating in good faith by workers’ representatives: if there is no malicious concealment, nothing prevents the claim from invoking the existence of a labour group of companies.
Age is one of the criteria established by companies to determine the workers affected by a collective dismissal procedure due to economic, technical, organisational or production reasons. When the workers are 55 years old or older, the employer is obliged to sign a special agreement.