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.
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Entries by Labour Law
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.
Force Majeure ERTE are regulated in arts. 47.3 and 51.7 ET, art. 31 and ff of Royal Decree 1483/2012 and arts. 22 and 24 to 28 of Royal Decree Law 8/020. ERTE for objective causes linked to COVID-19 are regulated in art. 47 ET, arts. 16 and ff of Royal Decree 1483/2012 and arts.23 and 25 to 28 of Royal Decree-Law 8/2020.
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.
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.
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.
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.