ERTE for COVID-19 resurgence in Spain, how should the company apply for it?The Royal Decree-law 24/2020 of 26 June provides for specific labour measures to mitigate the impact of the new pandemic outbreaks on the activity of companies in Spain: ERTEs on the grounds of force majeure and ERTE due “to resurgence” of COVID-19.Read more
Priority of keeping workers’ representatives in the company in the COVID-19 ERTEThe 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.Read more
Company claims for Undue Payments to WorkersThe 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.Read more
Extension of temporary lay-offs (ERTE) in SpainFollowing 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.Read more
Harassment Prevention Protocols in the workplaceNowadays, 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.Read more
Look-through chart regarding temporary layoff procedures in Spain or ERTEForce 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.Read more
Royal Decree-Law 18/2020 of 12 May on social measures in defence of employmentInformation 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.Read more
The Temporary Suspension of Employment Contracts in Spain or ERTEAmong 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.Read more
New challenge for companies in Spain: the Adaptation of the Working DayThe “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.Read more
Working time record in Spain, what should the company take into account?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.Read more
