Collective agreements applicable under Spanish lawA collective agreement, regulated by the Worker’s Statute in Spain, is an agreement between unions and companies that establishes the working conditions of the workers in the company (salaries, working schedule, etc.).Read more
The permanent contract for entrepreneurs in SpainThe permanent contract for entrepreneurs is a type of permanent contract for full time or part-time work, which aims to promote stable employment for entrepreneurs and SMEs (Small and Medium Sized Enterprises) through a range of fiscal bonuses and incentives.Read more
The workers’ representatives in the subrogation of companies in SpainArticle 44 of the Workers’ Statute rules the succession of companies in Spain, reinforces the guarantees of the workers after the change of a company’s owner, improves the instruments of information and consultation, and complies with the obligation of transposing related European directives into Spanish law.Read more
Instalments of compensation payment of severance pay in SpainCompanies in Spain with a lack of liquidity at the time of making severance payments can split up the payments of such compensation through a prior agreement with the workers’ representatives.Read more
The new Spanish Law of Labour CompaniesWhen the new Law of Labour Companies in Spain came into effect, it established a new legal framework for corporate entities by introducing important changes and improvements to better the way business is done and supplement already existing company types.Read more
Companies subject to compulsory retirement clauses by a collective agreementRetirement in Spain is not compulsory except in the cases outlined in Law 3/2012, of 6 July, on urgent methods to reform the labour market.Read more
Hiring false interns in SpainThe Spanish labour inspectorate is reviewing the situation of interns working in Spanish companies. In the cases where the labour inspectorate detects an employment relationship, the companies will be economically punished and obligated to hire the interns as permanent employees.Read more
The monitoring of employee communications in SpainSpanish judges admitted, subject to fulfilling certain conditions, that personal employee communications contained in a professional computer may be subject to control by an employer. The matter of control of SMS messages on a professional mobile phone, decided by French courts, has not yet been decided in Spanish case law.Read more
Dismissals in Spain due to a company’s cessation of activityThe economic crisis led to the cessation of activity of many companies. Those that had only one client have been obligated to terminate the labour contracts with its workers.Read more
Counting Leave in Spain and FranceThe counting of paid leave days is not always clear, as demonstrated by the recent decision of the Court of Appeals regarding a dispute between Air France and one of its part-time employees. It is therefore important for employers to remain aware of the regulations on paid leave at all times.Read more