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.
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 […]
Spanish employment law distinguishes suspension of the employment contract from termination of the employment contract. Suspension of the employment contract is only a temporary interruption to the employer-employee relationship. Such a situation arises when, for example, an employee suspends his or her employment contract temporarily for the purpose of spending time with a new member […]
When facing an employment-law issue, an employer should know that the very protectionist Workers’ Statute covers regular employees. The Spanish Agency Contract Law covers those workers who are agents. The Spanish Law on Management Personnel applies to those labor relations between the employer and such persons. After considering the applicable specific law, a company-employer and […]
The employment contract for executive managers is regulated in Spain by the provisions established in Royal Regulation 1382/85 of 1st August, regulating the special employment relationship of executive managers. Considered as executive managers are those, who are qualified by the following characteristics: The exercise of powers which are inherent to the legal entitlement of the […]
The Spanish Code of Labour Law (Estatuto de los Trabajadores) sets out a particular type of redundancy known as redundancy based on objective reasons. There are several reasons for which a company could carry out this type of redundancy. We are going to focus on the most common reasons, which usually take place during times […]