Labour and Employment Law

Spain 2023: Labour Rulings Overview

Analyzing Spain’s significant legal rulings of 2023, this summary offers insights into the most relevant cases, providing a comprehensive overview of the legal landscape.

Collective dismissal of workers in Spain

Collective dismissal is the termination of employment contracts for economic, technical, organisational or production reasons when these, within ninety days, affect a certain number of workers.

Recruiting Highly Qualified Professionals in Spain

In recent years, Spain has implemented various legislative changes in the realm of immigration, all geared towards facilitating the recruitment of Highly Qualified Professionals. These changes involve easing the criteria that companies must fulfill and implementing a more efficient processing procedure.

Permits for hiring highly qualified non-European workers in Spain

Since the implementation force of the Entrepreneurs Law, there has been a substantial surge in the recruitment of highly qualified professionals from outside the EU. Furthermore, there has been a notable increase in worker mobility between corporate groups and heightened investment in movable and immovable property by non-EU nationals.

Why are collective bargaining agreements crucial in Spain?

Collective bargaining agreements have a crucial impact on governing the relationship between companies and their employees. Therefore, companies operating in Spain must have a comprehensive understanding of the collective agreement applicable to their company and adhere to it, avoiding potential conflicts and ensuring compliance with labour obligations.

Illegal Transfer of Workers in Spain: Know the Risks?

The transfer of workers is prohibited in Spain; temporary employment agencies (TEAs or ETTs in Spain) are the only entities authorized to hire temporary staff and place them at the disposal of another company. Companies must comply with this regulation, as the legal and economic consequences of committing irregularities in this matter can be drastic.

What is the Workers’ Statute?

The Workers’ Statute is the legislation that aims to protect the worker’s labour rights, establishes rules for collective bargaining, and defines the responsibilities of employers and employees in Spain.

Increase in compensation for unfair dismissal in Spain

The High Court of Catalonia has increased the compensation for unfair dismissal to 48 days’ salary per year of service, with a maximum of 36 monthly payments. This decision goes against the indemnification established by law.