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.
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.
Companies that carry out business in Spain must comply with the applicable labour standards on working hours and public holidays. This includes compliance with minimum rest and maximum working hours as well as annual leave and public holiday regulations.
Companies will have the possibility to establish a double salary scale based on the date of incorporation of the employees, as long as they respect the provisions of the applicable law and collective agreements.
The working time register is an amendment to Article 34 of the Workers’ Statute. This measure provides that companies in Spain must ensure compliance with the established limits on working time.
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.
The Court of Justice of the European Union ruled in a February 22, 2018 decision (Case C-103/16) that the Spanish legislation allowing for the inclusion of pregnant women in an ERE (Expediente de Regulación de Empleo or collective dismissal) is in line with Directive 92/85.
The labour group of companies is a phenomenon different from the group of companies and has very significant repercussions in a process of collective dismissal in Spain. The following article clarifies the responsibility of the company belonging to a mercantile group in a case of collective dismissal.