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 High Court of Catalonia has increased the compensation for unfair dismissal to 48 days’ salary per year of service, with a maximum of 36 monthly payments. This decision goes against the indemnification established by law.
The critical points of remote working refer to the compensation of expenses, digital disconnection, and the prevention of occupational risks. In the following article, we analyse the critical and most controversial elements of Law 10/2021, in force in Spain since October 1st 2021.
The novelties introduced by the new Law 15/2022 aim to prevent and eradicate discrimination in all areas of society when workers are on temporary disability leave.
In the business world, posting workers abroad to fulfil a specific objective is widespread. Depending on the type of posting, the company must meet one or other requirements and obligations.
The entry into force of Royal Decree-Law 32/2021, of 28th December, aims to finish with the temporary employment and job insecurity in Spain. The rule presumes all indefinite contracts and establishes a new regulation of temporary contracts and their requirements.
In Spain, private companies with between 50 and 249 workers need to implement whistleblowing to report criminal, unethical or irregular behaviour by the company, its employees, or third parties. The four-year period to do it ends on 17 December 2023.
In Spain, with the entry into force of Royal Decree-Law 6/2019, of 1st March, any company with over 50 workers must register an Equality Plan. Failure to comply with this rule will cause administrative sanctions.
Collective agreements may establish additional formal requirements to formalize a disciplinary dismissal. Their non-compliance may result in administrative sanctions for the company.
Article 18.2 of Law 10/2021 of 9 July on remote work establishes the obligation for companies to have an internal policy defining the modalities of exercising the right to disconnection and the training and awareness-raising actions for staff on the reasonable use of technological tools.
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”.