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.

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 right

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.

financed training permanence agreements

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.

F: temporary layoff procedures Spain

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.

law remote working

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 workers’ representatives in the ERTE

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.

Company claims for undue payments

Company claims for Undue Payments to Workers

The basis to claim an undue payment appears in articles 1895 and 1901 of the Spanish Civil Code and resides in the legal obligation between a person who receives what he/she is not entitled to and the entity that makes the payment by mistake.

Extension of temporary lay-offs (ERTE)

Extension of temporary lay-offs (ERTE) in Spain

Following the agreement signed between the Government and the social partners to extend the impact of the protection measures adopted during the state of alert, the Ministry of Inclusion, Social Security, and Migration has adopted new measures for companies and workers, available from the 1st July until the 30th of September.

Temporary layoff procedures or ERTE

Look-through chart regarding temporary layoff procedures in Spain or ERTE

Force Majeure ERTE are regulated in arts. 47.3 and 51.7 ET, art. 31 and ff of Royal Decree 1483/2012 and arts. 22 and 24 to 28 of Royal Decree Law 8/020. ERTE for objective causes linked to COVID-19 are regulated in art. 47 ET, arts. 16 and ff of Royal Decree 1483/2012 and arts.23 and 25 to 28 of Royal Decree-Law 8/2020.