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.

Starting up a business in Spain, the Spanish agency contract

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 […]

Regulation of discrimination labor relations in Spain

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 […]

Employment termination processes in Spain

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 […]

Employment-law issues when starting up a business in Spain

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 extinction of the Management Contract in Spain

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 […]