© 2015 Mariscal Abogados S.L.P. -. CIF B82934084 - recorded data : Volume 16351 of Section 8, Folio 134, Page M-277809.
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Dismissal costs of persons over 55 years of age in the context of collective dismissal
/in Labour and Employment Law /by Labour LawAge 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.
Covert video surveillance in the workplace, the López-Ribalda Case
/in TMT Law /by Karl H. LinckeWith the recent decision issued by the European Court of Human Rights on January 9, 2018 in López Ribalda and others v. Spain, a momentous turn is made to the doctrine that had been marked by the Constitutional Court in Spain, once more leaving the door open to the possibilities of weighting between the exercise […]
The advantages of arbitration versus judicial procedure
/in Litigation & Arbitration /by Nicolás MelchiorArbitration, as an alternative to judicial procedures for conflict resolution, has certain characteristics that make it highly recommended. Its advantages are, on the one hand, the quickness of the procedure, and on the other, the freedom that it offers in choosing the way in which procedures are conducted, such as the language, the place or the regulations applicable to them.
The Domain Sales Contract in Spain
/in TMT Law /by Luis Trigueros Von KorffThe domain sales proceedings present a series of technical steps which must be clearly reflected in the sales contract. Only in this way can be guaranteed both the effectiveness and the success of the operation.
Companies may include pregnant women in collective dismissal
/in Labour and Employment Law /by Alejandra SanzThe 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.
The classification of the labour group of companies for the purposes of collective dismissal in Spain
/in Labour and Employment Law /by Ana GómezThe 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.
The exclusivity clause in agency contracts in Spain
/in Business Law /by Irene TerrazasThe Law on Agency Contracts in Spain does not expressly regulates the pact or exclusivity clause between businessmen and agents. It is therefore of vital importance that the parties negotiate this clause adequately to avoid future problems.
The Franchisor registration is no longer required in Spain
/in Franchise /by Rosario RodríguezThe Spanish Ministry of Industry and Competitiveness has suspended the Franchisor Registraty in Spain and thus, the obligation for all franchisors to register. This Registry was used as an information mechanism to keep track of the existence of franchises and their development in Spain.
Corporate Codes of Conduct under judicial control in Spain
/in Labour and Employment Law /by Ana GómezThe 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.
GDPR Checklist
/in TMT Law /by Mariscal & AbogadosThe breach of the new regulation can give rise to sanctions of up to 20 million euros or 4% of the total global business volume of a company. It would also mean a serious reputational damage for the company.