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.

45 2022 Dismissal due to temporary disability in Spain

Dismissal for temporary disability under Law 15/2022 in Spain

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.

Posting workers abroad

Posting of workers from Spain abroad

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.

new regulation temporary contracts

The new regulation of temporary contracts in Spain

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.

Whistleblowing

Whistleblowing, a mandatory internal channel in the Spanish companies

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.

equality plan companies

The 7th March 2022 expires the deadline to register the Equality Plan for companies in Spain

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.

disciplinary dismissal

The disciplinary dismissal in Spain

Collective agreements may establish additional formal requirements to formalize a disciplinary dismissal. Their non-compliance may result in administrative sanctions for the company.

digital disconnection policy

A digital disconnection policy is compulsory for companies in Spain

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.

Post-contractual non-competition clause

The uncompensated post-contractual non-competition clause in Spanish employment contracts

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”.

Remote working after the state of emergency

Companies and remote working: what happens after the state of emergency?

The end of the state of emergency in Spain marks 9 August as the end date for remote working. However, the entry into force of RDL 28/2020 encourages this type of work, whose mixed remote working models are becoming more apparent. Companies will have to adapt their labour regulations to the new law.

The calculation of collective dismissals thresholds

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’.