Elements of the employment contract in Spain
The existence of a working relationship is established through a contract. In Spain, the elements and clauses of the contract must clearly and unequivocally define all aspects of the working conditions.
Employment contracts in Spain: how to choose the most appropriate one?
When hiring employees, knowledge and analysis of the Spanish employment regulations provide an understanding of the contract types in force and the benefits of existing bonuses and reductions. Companies that intend to hire new employees must first verify which type of employment contract is the most beneficial and then confirm the available types of allowances related to social security.
Position of Director in Spain: Duration and End-Date
In a limited liability company, which differs from a corporation, the company’s by-laws can establish any term of duration for the position of director, including the possibility of an appointment for an indefinite period of time.
The Legal Regime of Vacations in Spain
The right to vacation days in Spain, created by a labour relationship, also exists during periods of sickness, accident, maternity or strike. Nonetheless, vacation days have an expiration date, which excuses an employer from economically compensating for the unused days.
Digital surveillance and control of employees: limits and requisites
The Workers’ Statute empowers an employer to adopt the supervision and control measures that are deemed appropriate in order to verify the fulfilment of the obligations and duties of its workers. However, this power is not absolute, and it is exactly how the Spanish courts understand it.
The post-contractual non-compete agreement in Spain
The post-contractual non-compete agreement is contemplated in Article 21.2 of the Spanish Workers’ Statute (Estatuto de los Trabajadores), and it is essential to preserve, among others, the experience, training, networking, etc. acquired by a worker during his or her employment in a company.
Dismissal costs for a company in Spain
The reasons that can justify a disciplinary dismissal in Spain must be based on serious breach and negligence of the employee, for instance repeated and unjustified absence of attendance or punctuality at work, indiscipline or disobedience at work, the continuous and voluntary decline in the normal work performance or verbal or physical offenses.
Control of working hours and overtime in Spain
The regulations on labour and employment in Spain require that all companies keep a daily record of the working hours and the overtime completed by workers. The detection of breaches in compliance with the regulations can result in economic fines for companies.
The part-time contract linked to training in Spain
Companies in Spain that employ workers under the age of 30 years old may apply for a reduction of the company’s contribution to social security. This allowance will be from 75% to 100% depending on the number of workers and will be applicable for a period of one year, which may be extended for another year.
Hiring regulations in Spain of workers from foreign temporary employment agencies
Foreign temporary employment agencies are increasingly considered the solution to a need for a workforce by companies in Spain. Facing an increase in the number of temporary employment agencies and the number of workers employed by these companies, it is important to know the applicable regulations.
