The disciplinary dismissal in SpainCollective agreements may establish additional formal requirements to formalize a disciplinary dismissal. Their non-compliance may result in administrative sanctions for the company.Read more
A digital disconnection policy is compulsory for companies in SpainArticle 18.2 of Law 10/2021 of 9 July on remote work establishes the obligation for companies to have an internal policy defining the modalities of exercising the right to disconnection and the training and awareness-raising actions for staff on the reasonable use of technological tools.Read more
The uncompensated post-contractual non-competition clause in Spanish employment contractsArticle 21 of the Workers’ Statute (“ET”) regulates the post-contractual non-competition clause in Spain. One requirement for its validity establishes that an “adequate financial compensation is paid to the worker”.Read more
Companies and remote working: what happens after the state of emergency?The end of the state of emergency in Spain marks 9 August as the end date for remote working. However, the entry into force of RDL 28/2020 encourages this type of work, whose mixed remote working models are becoming more apparent. Companies will have to adapt their labour regulations to the new law.Read more
Timing rules in the calculation of collective dismissalsThe new CJEU judgment questions the interpretation of Spanish case law regarding the calculation of collective dismissals thresholds, also known as ‘the timing rules’.Read more
Equality plans in companies come into force in SpainRoyal Decree 901/2020 of 13 October regulates equality plans and their registration in Spain, and amends Royal Decree 713/2010, of 28 May, on registration and filing of contracts and collective bargaining agreements. This measure aims to reduce the wage disparity in Spain and achieve equality between men and women in the workplace.Read more
Temporary Layoff Procedures (ERTE) in Spain: Royal Decree-law 2/2021Royal Decree-law 02/2021 addresses extensions for force majeure temporary layoffs, temporary layoffs due to economic, technical, organizational, or production reasons linked to COVID-19, and temporary layoffs for impeded or limited activities.Read more
Obligations of companies in Spain before the Equal Pay lawRoyal Decree 902/2020 on equal pay incorporates the obligation for all companies in Spain, regardless of the number of employees, to establish a pay register disaggregated by sex and professional categories.Read more
Christmas hamper in Spain, a vested right? Dismantling mythsChristmas hampers are not regarded, per se, as a vested right of workers. However, the specific circumstances of its regulation in each company need to be analysed case by case.Read more
Permanence agreements in companies linked to financed trainingThe objective of permanence agreements in companies linked to financed training is twofold: to promote a greater degree of specialization of the employees and to ensure the recovery of the expenditure. However, agreements must observe some legal requirements to be valid.Read more
