The Difference between Overtime Hours and Complementary Hours in Spain
The new applicable labour regulation in Spain considers overtime hours carried out by part-time workers illegal, unless unforeseen circumstances justify their execution.
Hiring disabled workers is mandatory in Spain
According to the General Law on rights of persons with disabilities and their social integration, companies in Spain with 50 or more employees are required to hire at least 2% of workers with disabilities.
Mandatory registration of the working day in a company in Spain
The recent judgments of the Spanish National High Court stress the established obligation of companies in Spain to keep track of the daily work hours of their employees, regardless of the company’s size. Only with this prior monitoring may companies certify the performance of overtime.
Business succession in Spain: the guarantees that must be respected
Business succession in Spain must be achieved with a certain degree of care in order to respect all the legal aspects of the acquired company and ensure a peaceful future for the acquiring company. In this way, the social guarantees that are enumerated in Article 44 of the Workers’ Statute should not be forgotten.
Causes of a disciplinary dismissal in Spain
Dismissal is the unilateral termination of a work contract by the employer. Disciplinary dismissal occurs when a company believes that a worker has seriously breached and failed to comply with his or her duties. Upon proof of a breach, the labour relationship is terminated and the worker loses the right to any compensation.
Compensation for unfair dismissal in Spain
One of the factors to bear in mind when calculating the compensation for unfair dismissal in Spain is the seniority of the worker within the company. For contracts signed after 12 February 2012, the compensation is 33 days’ worth of salary for each year worked. For contracts entered before this date, the compensation is calculated in two instalments.
Special certificate to work with minors in Spain
The new legislation for companies whose habitual activity deals with minors requires companies to have a special certificate that accredits that none of its workers has committed sexual offences.
Relocation of workers and social security in Spain
Generally, the social security regulation applicable to relocated workers depends on the country where the worker will develop his or her activity. However, there are exceptions depending on the relocation period and the destination country.
Seniority in Spain once an unfair dismissal has been declared
Where a dismissal is declared unfair, the company must choose between readmitting the employee or paying legal compensation.
Collective agreements applicable under Spanish law
A 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.).
