© 2021 Mariscal Abogados S.L.P. -. CIF B82934084 - recorded data : Volume 16351 of Section 8, Folio 134, Page M-277809.
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The disciplinary dismissal in Spain
/in Labour and Employment Law /by Mariscal & AbogadosCollective agreements may establish additional formal requirements to formalize a disciplinary dismissal. Their non-compliance may result in administrative sanctions for the company.
The Real Estate Lease-Purchase Contract in Spain
/in Real Estate /by Nicolás MelchiorThe real estate lease-purchase contract allows the rental of a property for a specific period and grants the tenant the right to buy it at a pre-determined price at the end of said period.
A digital disconnection policy is compulsory for companies in Spain
/in Labour and Employment Law /by Labour LawArticle 18.2 of Law 10/2021 of 9 July on remote work establishes the obligation for companies to have an internal policy defining the modalities of exercising the right to disconnection and the training and awareness-raising actions for staff on the reasonable use of technological tools.
The uncompensated post-contractual non-competition clause in Spanish employment contracts
/in Labour and Employment Law /by Mariano JiménezArticle 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”.
Bankruptcy in Spain (3): Directors’ Liability in bankruptcy proceedings
/in Insolvency and Restructuring /by Insolvency LawAlthough Royal Decree-Law 5/2021 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.
Bankruptcy in Spain (2): Mechanisms and measures to prevent corporate insolvency in Spain
/in Insolvency and Restructuring /by Insolvency LawPre-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.
Bankruptcy in Spain (1): New moratorium to request insolvency
/in Insolvency and Restructuring /by Insolvency LawOfficial 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.
Companies and remote working: what happens after the state of emergency?
/in Labour and Employment Law /by Labour LawThe 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.
Can a company in Spain appoint a Foreign Director?
/in Company Law /by Company LawThe 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.
Maximum sum insured and how it affects injured parties
/in Litigation & Arbitration /by Mariano JiménezIn Spanish law, there is no conclusive solution regarding either the criterion applicable to the distribution of the maximum sum insured between the injured parties or the appropriate legal proceedings for its effectiveness.