Dismissal costs of persons over 55 years of age in the context of collective dismissalAge is one of the criteria established by companies to determine the workers affected by a collective dismissal procedure due to economic, technical, organisational or production reasons. When the workers are 55 years old or older, the employer is obliged to sign a special agreement.Read more
Companies may include pregnant women in collective dismissalsThe Court of Justice of the European Union ruled in a February 22, 2018 decision (Case C-103/16) that the Spanish legislation allowing for the inclusion of pregnant women in an ERE (Expediente de Regulación de Empleo or collective dismissal) is in line with Directive 92/85.Read more
The classification of the labour group of companies for the purposes of collective dismissals in SpainThe labour group of companies is a phenomenon different from the group of companies and has very significant repercussions in a process of collective dismissal in Spain. The following article clarifies the responsibility of the company belonging to a mercantile group in a case of collective dismissal.Read more
Corporate Codes of Conduct under judicial control in SpainThe degree of control that companies can exercise through the codes of conduct is limited. The activities of the workers as teachers or lecturers, or their statements in media or social networks, are left out of the codes of conduct.Read more
Compulsory leave of absenceIn Spain, in order to calculate the severance pay of the dismissed worker who has experienced a forced absence, we must consult article 56.1ª) of E.T. The term of suspension can not be taken into account for the purposes of calculating the worker’s indemnity when he or she has been on forced leave.Read more
Justified absences as a cause of dismissal in SpainIn 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.Read more
False self-employment: a punishable practice in the companyThe 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.Read more
Religious freedom in the Spanish work environmentOne 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.Read more
Playing soccer with clients or attending events outside of normal business hours is working timeThree 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.Read more
Training Contracts: The Internship ContractIn 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.Read more
