Article 21 of the Workers’ Statute (“ET”) regulates the post-contractual non-competition clause in Spain. One requirement for its validity establishes that an “adequate financial compensation is paid to the worker”.
Labour law is the set of rules and principles that regulate legal relations between employer and employee based on a voluntary, subordinate and remunerated supply of human work with the goal of guaranteeing the completion of the parties taking part in the professional relation.
The end of the state of emergency in Spain marks 9 August as the end date for remote working. However, the entry into force of RDL 28/2020 encourages this type of work, whose mixed remote working models are becoming more apparent. Companies will have to adapt their labour regulations to the new law.
The new CJEU judgment questions the interpretation of Spanish case law regarding the calculation of collective dismissals thresholds, also known as ‘the timing rules’.
Royal Decree 901/2020 of 13 October regulates equality plans and their registration in Spain, and amends Royal Decree 713/2010, of 28 May, on registration and filing of contracts and collective bargaining agreements. This measure aims to reduce the wage disparity in Spain and achieve equality between men and women in the workplace.
Royal Decree-law 02/2021 addresses extensions for force majeure temporary layoffs, temporary layoffs due to economic, technical, organizational, or production reasons linked to COVID-19, and temporary layoffs for impeded or limited activities.
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 objective of permanence agreements in companies linked to financed training is twofold: to promote a greater degree of specialization of the employees and to ensure the recovery of the expenditure. However, agreements must observe some legal requirements to be valid.
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 health crisis by COVID-19 has exponentially increased the number of people working remotely, in particular, those teleworking in Spain. The lack of a specific regulation, however, caused legal uncertainty for both the company and the workers. Hence, the Spanish Government has decided to regulate this type of work.