Articles 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.
The 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.
The 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.
Age 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.
The 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 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 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.
In 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.
In 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.
The 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.
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