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.
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.
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.
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.
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.
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.
A permanence agreement in a company in Spain is a signed written agreement where a worker undertakes to provide services to a company for a period not exceeding two years. The breach of this agreement entitles the employer to receive compensation for damages.
The Law to support entrepreneurs and their internationalization in Spain encourages new entrepreunerial activities in Spain by simplication of bureaucratic paperwork, obtention of visas and residence permits, and transfer of workers abroad.
Bonus payments by employers as a salary supplement must fulfil the legal requirements set by law. Spanish regulation provides a high level of protection for workers’ interests in this respect.
With the new law on the prevention of money laundering and the creation of the Association of Experts in the Prevention of Money Laundering, many professionals, such as lawyers, are obligated to report any susceptible activity that could be related to money laundering.
The temporary work experience contract, the temporary contract for a project or service or the temporary contract depending on production circumstances are the types of temporary contract that exist in Spain. They are all regulated by the Workers’ Statute and, despite their temporary nature, early termination may be considered as dismissal.