Under article 20.3 of the Workers’ Statute, companies in Spain may adopt measures for surveillance and control of their workers. The new technological developments, however, limit this power in terms of the control systems used.
The new regulations for grid connection and feed-in permits in Spain aim to solve the existing problems and increase the investment in photovoltaic projects in Spain.
Article 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”.
The rights of minority shareholders in Spain include getting documentation and information, requesting a notary at the meeting to record the minutes, or withdrawing from the company, among others.
Although Royal Decree-Law 5/2021 2021 exempts directors from the duty to file for insolvency proceedings, it does not exempt them from the responsibility to avoid the winding-up of the company.
Pre-bankruptcy mechanisms and labour, corporate or procedural measures can prevent and restrain the high number of insolvency filings expected following the insolvency moratorium in Spain.
In Spain, the trend towards digitalisation of company law was already a fact born with the amendment of the Capital Companies Act dated on 2011. The new mechanisms introduced because of Covid-19 have boosted them.
Official data reveal a sharp increase in insolvency filings in 2021. Estimates suggest that after the extended moratorium on insolvency proceedings until 31 December, the number of insolvency proceedings will rise significantly.
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.
The possibility of designating a Foreign Director is one of the most pertinent questions for foreign individuals and companies intending to develop a business via a capital company in Spain.