Companies subject to compulsory retirement clauses by a collective agreement
Retirement 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.
Hiring false interns in Spain
The 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.
The monitoring of employee communications in Spain
Spanish 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.
Dismissals in Spain due to a company’s cessation of activity
The 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.
Counting Leave in Spain and France
The 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.
The dismissal of a pregnant worker in Spain
Directive 92/85/EEC of the EU, adopted based on Art. 138 of the TFEU, promotes the safety and health at work of pregnant workers who are breastfeeding or who have recently given birth.
New measures to support self-employed workers in Spain
Among the new measures are included actions to: facilitate the incorporation of new members to entities in the social economy, support and strengthen the various entities that compose the economy and assist workers joining the labour market.
Guidelines to follow in the case of receiving a work inspection
Upon arrival for a work inspection in Spain, the inspector must identify him- or herself and report his or her presence to the director of human resources or the person responsible of the workplace. The director or person responsible should provide the inspector with the business’s guestbook, where the inspector will record the inspections made.
Liability of a parent company in Spain for employee claims
The joint liability of a foreign parent company concerning employee claims of its Spanish subsidiaries will be determined by the court, taking into consideration the relationship between the parent company and the subsidiary.
Definition and requirements of a collective dismissal in Spain
A collective dismissal in Spain, regulated in Art. 51 of the Worker’s Statute, must be modified due to its inconformity with EU Law. Two European judgments provide details on the term.
