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.
Due to their particular position in the company, senior-management personnel have a special legal status, which involves the non-application of common rules imposed on other employees. In the paragraphs below, we will focus on the assumptions and consequences of the end of the labor relationship between a senior-management professional and a company. The Royal Decree […]
The concept of unfair dismissal in the Spanish Workers’ Statute (Estatuto de los Trabajadores) has changed after the labor reform of February 2012. Presently, an employer does not have to recognize the unfairness of a dismissal. If a dismissal does not rest on any of the causes that the law establishes and the employer provides […]
The Spanish Labor Law has recently undergone some major changes. The current crisis and the subsequent executive effort to maintain competiveness in our economy have motivated the adoption of the Royal Decree Law 3/2012 of February 10, of urgent measures for reform of the labor market. This Law, among other aspects, has produced certain flexibility […]
Considering the Labor Reform of February 12, 2012, we can affirm that one of the greatest novelties in contracts for hiring employees is the creation of the Permanent Employment Contract Supporting Entrepreneurs. This contract is for those businesses that have fewer than 50 employees when recruitment occurs. However, during the previous six months before forming […]
The economic crisis that Spain has been experiencing since 2008 has revealed the weaknesses in our labour model: economic organisations worldwide and in Europe have been calling for a substantial reform. In this respect, Spain has implemented Royal Decree-Law 3/2012, dated 10 February, on the urgent measures for labour market reform. Below, we will comment […]
Article 40 of the Workers’ Statute, when speaking of geographical mobility states that The transfer of workers who have not been hired specifically to provide services in companies with mobile work places or to travel to a different workplace of the same company, which requires a change of residence, must be justified for economic, technical, […]
At the moment the movement of labour in our job market is becoming more frequent, the implication of which is the continual creations and extinction of labor agreements and contracts of employment. In view of this situation many employers, companies and workers need to consider whether or not there is an obligation to give notice […]
Introduction Every foreign investor who is to create a company in Spain should get to know the basic employment principles imposed by our employment normative regulation. Firstly, if the investor intends to stay or work in Spain, in order to begin the procedures for the opening of a company, or to work in our country, […]
In the case that the foreign national beginning business operations in Spain would like to avoid the temporary residency requirements for employees, the foreign national should strongly consider hiring agents within Spain (Spanish physical persons or companies) who already have residency and employment authorization and who are already familiar with the Spanish language, customs, way […]
The Spanish Constitution, the Workers’ Statute, and European Directives prohibit terminations motivated by discriminatory reasons. Such prohibited discriminatory reasons may involve characteristics such as age, incapacity, birth, race, origin, racial or ethnic background, civil status, sex, religion, political opinion, sexual orientation, or another other personal or social condition or circumstance. The Workers’ Statute specifically prohibits […]