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Employment implications of business subrogation in Spain

The aim of business succession regulation is to reinforce the guarantees of workers facing ownership changes, improve information resources and consultation, and increase participatory rights. A business owner must duly seek advice since he or she must take responsibility for pension commitments that workers have in accordance with specific regulations, as well as the various forms of supplementary social protections that the workers have may been endowed with (policies for civil responsibility, life, work-related accidents, temporary disability, help, etc.)

Remarks concerning Consumer Credit Agreements in Spain

The incorporation of a new company in Spain to undertake consumer credit activities does not require a specific regulatory license given that the new company will not be incorporated as a credit institution.

Regulations on complimentary hours agreements in Spain

Article 12 of the Worker’s Statute regulates the completion of complimentary hours in Spain. Complimentary hours are those that surpass the ordinary working hours and are previously agreed to by the company and employee in writing, either at the signing of the part-time contract or afterwards.

Entities Holding Foreign Security (ETVE) in Spain

The main characteristic of Spanish Entities Holding Foreign Security is the tax exemption with regards to dividends and capital gains. This constitutes an important incentive for those interested in establishing holding entities in Spain.

The Difference between Overtime Hours and Complementary Hours in Spain

The new applicable labour regulation in Spain considers overtime hours carried out by part-time workers illegal, unless unforeseen circumstances justify their execution.

Agreements not included under the CCA in Spain

When considering whether an exemption applies to a consumer credit agreement (which would take the agreement outside the scope of regulation of the CCA), care must be taken to consider the precise terms of the relevant exemption.

Court fees applicable to legal entities in Spain

In their ruling 140/2016 of 21 July 2016, the Plenum of the Spanish Constitutional Court resolved the appeal brought by the Parliamentary Socialist Group of the Congress of Deputies against Law 10/2012, of 20 November 2012, regulating fixed fees in the context of the administration of justice and the National Institute of Toxicology and Forensic Science.

The Pre-contracting Process of a Consumer Credit Agreement in Spain

One of the basic pillars of the Consumer Credit Agreement Law in Spain (Law 16/2011) is the development of the regulation of the pre-contracting process; that is, the steps prior to a creditor and a consumer entering into a consumer credit agreement.

Hiring disabled workers is mandatory in Spain

According to the General Law on rights of persons with disabilities and their social integration, companies in Spain with 50 or more employees are required to hire at least 2% of workers with disabilities.

Mandatory registration of the working day in a company in Spain

The recent judgments of the Spanish National High Court stress the established obligation of companies in Spain to keep track of the daily work hours of their employees, regardless of the company’s size. Only with this prior monitoring may companies certify the performance of overtime.

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