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.
In recent years, Spain has implemented various legislative changes in the realm of immigration, all geared towards facilitating the recruitment of Highly Qualified Professionals. These changes involve easing the criteria that companies must fulfill and implementing a more efficient processing procedure.
Since the implementation force of the Entrepreneurs Law, there has been a substantial surge in the recruitment of highly qualified professionals from outside the EU. Furthermore, there has been a notable increase in worker mobility between corporate groups and heightened investment in movable and immovable property by non-EU nationals.
Collective bargaining agreements have a crucial impact on governing the relationship between companies and their employees. Therefore, companies operating in Spain must have a comprehensive understanding of the collective agreement applicable to their company and adhere to it, avoiding potential conflicts and ensuring compliance with labour obligations.
The transfer of workers is prohibited in Spain; temporary employment agencies (TEAs or ETTs in Spain) are the only entities authorized to hire temporary staff and place them at the disposal of another company. Companies must comply with this regulation, as the legal and economic consequences of committing irregularities in this matter can be drastic.
The Workers’ Statute is the legislation that aims to protect the worker’s labour rights, establishes rules for collective bargaining, and defines the responsibilities of employers and employees in Spain.
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.