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.
Business succession in Spain must be achieved with a certain degree of care in order to respect all the legal aspects of the acquired company and ensure a peaceful future for the acquiring company. In this way, the social guarantees that are enumerated in Article 44 of the Workers’ Statute should not be forgotten.
One of the factors to bear in mind when calculating the compensation for unfair dismissal in Spain is the seniority of the worker within the company. For contracts signed after 12 February 2012, the compensation is 33 days’ worth of salary for each year worked. For contracts entered before this date, the compensation is calculated in two instalments.
Generally, the social security regulation applicable to relocated workers depends on the country where the worker will develop his or her activity. However, there are exceptions depending on the relocation period and the destination country.
Where a dismissal is declared unfair, the company must choose between readmitting the employee or paying legal compensation.
A collective agreement, regulated by the Worker’s Statute in Spain, is an agreement between unions and companies that establishes the working conditions of the workers in the company (salaries, working schedule, etc.).
The permanent contract for entrepreneurs is a type of permanent contract for full time or part-time work, which aims to promote stable employment for entrepreneurs and SMEs (Small and Medium Sized Enterprises) through a range of fiscal bonuses and incentives.
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.
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.
© 2024 Mariscal Abogados, S.L.P.
Legal Notice | Privacy Policy | Cookies Policy
