Josep Conesa Sagrera

Opting Out of the collective bargaining agreement

Back in 2010, we were already noting that labour reforms had reduced the requirements and formalities involved in many aspects of collective bargaining, both within and outside…

General Strike: Rights and Obligations of Workers and Employers

The Government Is Considering Taxing Dismissal Severance Pay

On 5 July 2013, the Spanish Government appointed an Expert Commission to examine a possible tax reform. That Commission has now completed its report, which is due to be debated in…

Workplace Absenteeism and Its Scope in Spain

An analysis of the causes and some possible solutions.

Fixed-Term Contracts

An employment contract may be concluded for an indefinite period or for a fixed term, in cases where this is legally permissible. The contracting parties are free to agree on…

Labour Reform: What Has Been Done, What Is Coming, and What Still Needs to Happen

REFLECTION

The Counter-Reform of the Unemployment Reform

On 12 December, Law 45/2002 partially amended the recent reform of unemployment benefits introduced on 24 May 2002 (Law 5/2002), which came into force on 14 December 2002. The…

Employment Contracts in Force III

We continue our overview of the key features of current employment contracts, with the aim of providing useful guidance when deciding which contract type best suits the…

Dismissals in the Public Sector

From an employment law perspective, we have watched the crisis unfold like a great wave sweeping through sector after sector, banking, construction, industry, retail, and so on.…

Rights of Working Women

In this article, we explain the rights available to women when they become pregnant and, subsequently, when they become mothers.

Protecting Your Image and Content on Social Media

In the age of Instagram, TikTok, YouTube and other social media platforms, our photos, videos and creative work can go viral within minutes. The rise of social media means that…

Are Dismissal Compensation Payments Subject to Personal Income Tax (IRPF)?

Since December 2002, following an amendment introduced by the then PP government, legislation had permitted what became known as 'express dismissal', that is, a dismissal in which…

Modifying Working Conditions and Workforce Flexibility

Emergency Employment Measures

Royal Decree-Law 2/2009, of 6 March.

Evidence in Court

Wage Guarantee Fund Benefits

FOGASA (Fondo de Garantía Salarial) is an autonomous public body attached to the Ministry of Labour and Social Affairs that guarantees workers the receipt of outstanding salary…

Collective Agreement Clauses on Retirement Age

Law 14/2005, of 1 July, on clauses in collective bargaining agreements relating to employees reaching the standard retirement age.

Possible Removal of the 40% FOGASA Subsidy

The current government is seeking to remove Article 33(8) of the Workers' Statute, the well-known provision entitling companies with fewer than 25 employees to a 40% subsidy…

New Labour Reform: Balanced Deal or Phased Approach?

At the time of writing, the only document available to us is the government briefing paper El Gobierno informa ("The Government Reports"), distributed to the press.

Compensation for Damages in a work-related accident

Pay Equity Audit

What are the differences between a pay audit and a pay register? As set out in Articles 5 to 8 of the Royal Decree 902/2020, of 13 October, on equal pay between women and men, the

Remote Working Contract – Rights and Obligations

Domestic Service Employment

The employment relationship for domestic household service is governed by Royal Decree 1424/1985. It is established between the householder (acting as employer) and the domestic…

Employment Implications of Business Succession

The principle of freedom of enterprise enshrined in Article 38 of the Spanish Constitution allows a company to be divided, split into several entities, transferred, and so on.

Article 50 of the Workers' Statute and Workplace Harassment

Workplace harassment (mobbing) under Art. 50.1.a) In legal doctrine and case law, establishing workplace harassment or "mobbing" requires that "anyone invoking moral harassment…

Business Digitalisation

Opinion piece by Josep Conesa Sagrera. This article on psychosocial risks in the workplace was published in the newspaper Expansión on 10 November 2017.

iusfamilia.com - A Division of Conesa Asociados Law Firm

We are pleased to announce the launch of "ius familia", a new division of Bufete Conesa Asociados dedicated to family law. The division is built around an initial online…

HOW TO MOTIVATE YOUR EMPLOYEES - by Jörg Lahmann

You've probably seen it before: someone at your company, on your team, let's call her Ana, who just isn't motivated. Every morning she arrives at the office in a bad mood, makes…

Can Religious Veils Be Banned in the Workplace?

The Court of Justice of the European Union has upheld the ban on wearing religious symbols at work.

MANDATORY WORKING HOURS REGISTRATION

The Royal Legislative Decree of 12 March 2019 amended Article 34.9 of the Workers' Statute to require all companies to record their employees' working hours on a daily basis. …