Seniority in Spain once an unfair dismissal has been declared
Where a dismissal is declared unfair, the company must choose between readmitting the employee or paying legal compensation.
Where a dismissal is declared unfair, the company must choose between readmitting the employee or paying legal compensation.
A collective agreement, regulated by the Worker’s Statute in Spain, is an agreement between unions and companies that establishes the working conditions of the workers in the company (salaries, working schedule, etc.).
The permanent contract for entrepreneurs is a type of permanent contract for full time or part-time work, which aims to promote stable employment for entrepreneurs and SMEs (Small and Medium Sized Enterprises) through a range of fiscal bonuses and incentives.
Article 44 of the Workers’ Statute rules the succession of companies in Spain, reinforces the guarantees of the workers after the change of a company’s owner, improves the instruments of information and consultation, and complies with the obligation of transposing related European directives into Spanish law.
Companies in Spain with a lack of liquidity at the time of making severance payments can split up the payments of such compensation through a prior agreement with the workers’ representatives.
When the new Law of Labour Companies in Spain came into effect, it established a new legal framework for corporate entities by introducing important changes and improvements to better the way business is done and supplement already existing company types.
Retirement in Spain is not compulsory except in the cases outlined in Law 3/2012, of 6 July, on urgent methods to reform the labour market.
The Spanish labour inspectorate is reviewing the situation of interns working in Spanish companies. In the cases where the labour inspectorate detects an employment relationship, the companies will be economically punished and obligated to hire the interns as permanent employees.
The economic crisis led to the cessation of activity of many companies. Those that had only one client have been obligated to terminate the labour contracts with its workers.
Directive 92/85/EEC of the EU, adopted based on Art. 138 of the TFEU, promotes the safety and health at work of pregnant workers who are breastfeeding or who have recently given birth.