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.
The purpose of this article is to provide an answer to the legal uncertainty that many foreign businessmen have when establishing commercial relations with Spanish companies, as well as the lack of knowledge of current bankruptcy legislation.
As a legal trainee I had a great opportunity working at Mariscal Abogados during the summer 2018. Working in this internationally-focused law firm in Madrid was a rewarding experience and …
The Share Purchase Agreement (SPA) is one of the most used contracts in Spain for the purposes of acquiring a mercantile company. Its basic content should include some clauses or contractual promises about the company (warranties) which will bind both parties for the transaction’s success.
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 letter of intent is a written document that serves as a starting point for mergers and acquisitions. Among the most common main clauses are included the terms of the transaction, the exclusivity, the confidentiality and the legal audit.
The contract of the sale of shares or Share Purchase Agreement, is one of the most useful contracts in the practice of acquiring mercantile companies. It consists of four main phases: the contract of confidentiality, the letter of intent, the due diligence procedure and the signing of the contract of the sale of shares.
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.
One 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.
The shareholder’s right to request for information about the company is a fundamental right. However, it is not an unlimited or absolute right. In this regard, the Spanish Supreme Court has already ruled this in different judgments.
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