Timing rules in the calculation of collective dismissals
The new CJEU judgment questions the interpretation of Spanish case law regarding the calculation of collective dismissals thresholds, also known as ‘the timing rules’.
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.
Equality plans in companies come into force in Spain
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.
Temporary Layoff Procedures (ERTE) in Spain: Royal Decree-law 2/2021
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.
Obligations of companies in Spain before the Equal Pay law
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 hamper in Spain, a vested right? Dismantling myths
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.
Permanence agreements in companies linked to financed training
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.
Temporary Layoff Procedure (ERTE) in Spain: Royal Decree-law 30/2020
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 Spanish government approves the regulation for remote working
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.
ERTE for COVID-19 resurgence in Spain, how should the company apply for it?
The Royal Decree-law 24/2020 of 26 June provides for specific labour measures to mitigate the impact of the new pandemic outbreaks on the activity of companies in Spain: ERTEs on the grounds of force majeure and ERTE due “to resurgence” of COVID-19.
Priority of keeping workers’ representatives in the company in the COVID-19 ERTE
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.