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.

Absence

Justified absences as a cause of dismissal in Spain

In Spain, Article 52 d) of the Workers’ Statute contemplates the termination of a contract as an objective dismissal based on absences from work, regardless of whether such absences can be justified.

Employment Status

False self-employment: a punishable practice in the company

The features of employment in Spain are established under art. 11 of the Workers’ Statute. Their fulfilment indicates an employment relationship of third parties or subject to employment and, therefore, protected by the Statute of Workers.

Religious freedom in the Spanish work environment

One of the main conflicts that occurs increasingly often in the day to day of companies is a collision between exercising the business organization’s authority (protected by the right of entrepreneurial freedom) and the protection of the fundamental rights of employees, such as religious freedom.

Playing soccer with clients or attending events outside of normal business hours is working time

Three recent judgements delve into the concept and legal interpretation of working time in Spain. The Supreme Court has declared that hours dedicated to shifts on Sundays and playing soccer with clients should be treated as working time.

Training Contracts: The Internship Contract

In Spain, the modality of the internship contract facilitates access to the labour market for young people. This contract falls within the scope of training contracts. It has a maximum duration of 2 years and the stipulated remuneration should comply with minimum standards.

Does your business correctly apply the regulation concerning working hours?

Overtime is paid twice in Spain: (1) as integral to the base cost of profesional contingencies, unemployment, FOGASA and professional training, at the rate at which each case corresponds, and (2) as a consequence of the existence of a specific additional cost.

The Dismissal of an employee already dismissed or the precautionary dismissal

After the dismissal of an employee, an employer who obtains information about new infringements liable to penalty involving the disciplinary dismissal by the employee could resort to the institution of a precautionary or ad cautelam dismissal.

modificación

Procedure for substantial modification of working conditions in Spain

The procedure for substantial modification of working conditions is preceded by a series of consultations with the representatives of the employees which cannot exceed a period of fifteen days.

Training Contracts in Spain

Training contracts are one of the peculiarities of working engagements in Spain, since various types exist and each has their own distinct systems and regulation. We can therefore discern the Internship Contract and the Contract for Training and Apprenticeship

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How to correctly give notice of termination in Spain

In Spain, there are concrete requirements regarding the notification of termination. Businesses that will dismiss employees must comply with such requirements; otherwise, the measure could be ineffective.