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 Workers’ Statute grants workers’ representatives priority to remain in the company or the workplace over other workers. Recent judgments in Spain limit this prerogative in the COVID-19 ERTE.
The basis to claim an undue payment appears in articles 1895 and 1901 of the Spanish Civil Code and resides in the legal obligation between a person who receives what he/she is not entitled to and the entity that makes the payment by mistake.
Following the agreement signed between the Government and the social partners to extend the impact of the protection measures adopted during the state of alert, the Ministry of Inclusion, Social Security, and Migration has adopted new measures for companies and workers, available from the 1st July until the 30th of September.
Nowadays, harassment is one of the main issues companies must implement. Thus, it is highly recommendable that they establish protocols for its prevention and guidelines to follow whenever misconduct is suspected.
Force Majeure ERTE are regulated in arts. 47.3 and 51.7 ET, art. 31 and ff of Royal Decree 1483/2012 and arts. 22 and 24 to 28 of Royal Decree Law 8/020. ERTE for objective causes linked to COVID-19 are regulated in art. 47 ET, arts. 16 and ff of Royal Decree 1483/2012 and arts.23 and 25 to 28 of Royal Decree-Law 8/2020.
Information note on Royal Decree-Law 18/2020 (RDL 18/2020) of 12 May, on social measures in defence of employment, which introduces modifications to employment regulation records.
Among the measures approved by the government after the decree of the state of alert in Spain, the temporary suspension of employment contracts or ERTE (temporary employment regulation file) takes on special relevance for the company.
The “à la carte” working day is once again challenging companies in Spain. Beyond the impact on the organization of working days and shifts, workers’ demands can provide guarantees of indemnity against possible dismissals.
Royal Decree Law 8/2019 of 8 March 12 May 2019 establishes that all companies carrying out an activity in Spain must keep a daily record of the working hours of their workers. Non-compliance with this measure may lead to fines up to €6,250.
The new Royal Decree-Law 28/2018, of 28 December, determines the inclusion in the Social Security System of persons who carry out training practices, non-work practices, or external academic practices in companies, institutions or entities included in training programmes. The measure applies to remunerated and non-remunerated internships.