Article 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.
Companies 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.
When 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.
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.
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.
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.
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.
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.
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.
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