When the new Law of Labour Companies in Spain came into effect, it established a new legal framework for corporate entities by introducing important changes and improvements to better the way business is done and supplement already existing company types.
Retirement in Spain is not compulsory except in the cases outlined in Law 3/2012, of 6 July, on urgent methods to reform the labour market.
The Spanish labour inspectorate is reviewing the situation of interns working in Spanish companies. In the cases where the labour inspectorate detects an employment relationship, the companies will be economically punished and obligated to hire the interns as permanent employees.
Spanish judges admitted, subject to fulfilling certain conditions, that personal employee communications contained in a professional computer may be subject to control by an employer. The matter of control of SMS messages on a professional mobile phone, decided by French courts, has not yet been decided in Spanish case law.
The economic crisis led to the cessation of activity of many companies. Those that had only one client have been obligated to terminate the labour contracts with its workers.
The counting of paid leave days is not always clear, as demonstrated by the recent decision of the Court of Appeals regarding a dispute between Air France and one of its part-time employees. It is therefore important for employers to remain aware of the regulations on paid leave at all times.
Directive 92/85/EEC of the EU, adopted based on Art. 138 of the TFEU, promotes the safety and health at work of pregnant workers who are breastfeeding or who have recently given birth.
Among the new measures are included actions to: facilitate the incorporation of new members to entities in the social economy, support and strengthen the various entities that compose the economy and assist workers joining the labour market.
Upon arrival for a work inspection in Spain, the inspector must identify him- or herself and report his or her presence to the director of human resources or the person responsible of the workplace. The director or person responsible should provide the inspector with the business’s guestbook, where the inspector will record the inspections made.
The joint liability of a foreign parent company concerning employee claims of its Spanish subsidiaries will be determined by the court, taking into consideration the relationship between the parent company and the subsidiary.
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