In a complex labor environment, companies engaged in diverse activites face uncertainty regarding the application of collective bargaining agreements in industrial relations. There is an ongoing debate about the feasibility of utilizing different agreements versus a single agreement. Critical factors such as corporate purpose, turnover, and contracting activities play a pivotal role in making this decision.
In recent years, the use of Professional Employment Organisations by foreign companies to hire workers in Spain without registering with the Spanish authorities, has become increasingly popular. Although this practice is legal in many EU countries, it can result in the declaration of an illegal transfer of workers within the Spanish legal system.
The collective dispute is a procedure invoked due to disagreements in labour matters in Spain. It involves a general interest claim made by a group of workers regarding the application and interpretation of a state regulation, collective agreement or a decision or practice adopted by a company.
Analyzing Spain’s significant legal rulings of 2023, this summary offers insights into the most relevant cases, providing a comprehensive overview of the legal landscape.
Explore the significant legislative transformations shaping Spain’s labour landscape in 2023. This comprehensive summary highlights key laws addressing critical issues impacting employers and workers.
Collective dismissal is the termination of employment contracts for economic, technical, organisational or production reasons when these, within ninety days, affect a certain number of workers.
In recent years, Spain has implemented various legislative changes in the realm of immigration, all geared towards facilitating the recruitment of Highly Qualified Professionals. These changes involve easing the criteria that companies must fulfill and implementing a more efficient processing procedure.
Since the implementation force of the Entrepreneurs Law, there has been a substantial surge in the recruitment of highly qualified professionals from outside the EU. Furthermore, there has been a notable increase in worker mobility between corporate groups and heightened investment in movable and immovable property by non-EU nationals.
Collective bargaining agreements have a crucial impact on governing the relationship between companies and their employees. Therefore, companies operating in Spain must have a comprehensive understanding of the collective agreement applicable to their company and adhere to it, avoiding potential conflicts and ensuring compliance with labour obligations.
The transfer of workers is prohibited in Spain; temporary employment agencies (TEAs or ETTs in Spain) are the only entities authorized to hire temporary staff and place them at the disposal of another company. Companies must comply with this regulation, as the legal and economic consequences of committing irregularities in this matter can be drastic.
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