Guide: the new working time registerThe working time register is an amendment to Article 34 of the Workers’ Statute. This measure provides that companies in Spain must ensure compliance with the established limits on working time.Read more
Comparing the collective agreement negotiations in SpainArticles 41 and 51 of the Labour Law in Spain establish the procedure to be followed in the negotiating of the conditions of an employee’s work contract, as well as in the case of its expiry, when said contract affects all workers.Read more
Working Time Record becomes compulsory in SpainThe modification of Article 34 of the Workers’ Statute through Royal Decree-Law 8/2019 introduces new regulations for companies to comply with. Maintenance of the daily record of working hours (start and end times) is one of the new measures.Read more
Good faith negotiation in the framework of business restructuringThe Supreme Court has recently issued its first ruling on the issue of negotiating in good faith by workers’ representatives: if there is no malicious concealment, nothing prevents the claim from invoking the existence of a labour group of companies.Read more
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
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
