Josep Conesa Sagrera

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.

Can I Dismiss an Employee on Sick Leave?

UPDATES ON temporary disability (IT)

OBLIGATION TO SUBMIT SICK LEAVE CERTIFICATES FOR temporary disability (IT) Royal Decree 1060/2022 has established that as of 1 April 2023 employees are no longer required to hand…

LGBTI Harassment prevention obligation

PROTOCOL FOR THE PREVENTION OF HARASSMENT OF LGTBI PERSONS Law 4/2023, of the 28th of February, for the real and effective equality of trans people and for the guarantee of the…

Evictions and rental lawyers in Barcelona | Conesa Legal

The housing rental market has grown in recent years, and with it, the importance of knowing your rights and obligations as a tenant or landlord. One of the most difficult and…

post-contractual non-competition employment agreements in spain

One important employee obligation which has recently regained importance due to the introduction of new technologies (code, blockchain, computer programs or software, etc) is the…

No-Asset Insolvency Proceedings

Residency for entrepreneurs in Spain

Internship Residence in Spain

TYPE OF AUTHORIsATION This is a residence permit that enables you to reside in Spain and to participate in an internship program by signing an internship agreement or internship…

Employment Law for Professional Athletes

Legal advice is an essential part of a professional athlete's daily life, particularly when it comes to the contracts they will sign with clubs and sporting organisations…

Special Insolvency Proceedings for Micro-Enterprises

Special procedure for micro-enterprises: The special micro-enterprise procedure is a "unique insolvency mechanism, specially tailored" and "characterised by maximum procedural…

Evidence in Court

Differences Between Pay Register and Pay Audit

Pay Register Pay Audit The pay register (or remuneration register) is mandatory for all companies, regardless of their sector or number of employees The pay audit (or…

Discharge of Public Debt in Insolvency Proceedings

CAN DEBTS OWED TO THE Spanish Tax Authority AND Social Security BE DISCHARGED IN INSOLVENCY PROCEEDINGS? The new Insolvency Act 2022 expressly states that public credit, whether…

Express Insolvency Proceedings

Requirements for an Express Insolvency Procedure Article 470 of the Consolidated Insolvency Act (TRLC) provides that a judge may order the conclusion of the insolvency proceedings…

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

How to get a NIE in Spain

A NIE is needed in order to maintain any sort of relationship with the Spanish Government. When investing in real estate, the notary will ask you for your NIE, when setting up a…

null and void dismissal employee on Sick Leave in temporary disability (IT)

CAN AN employee ON SICK LEAVE BE DISMISSED?

Voluntary Leave: Article 46(2) of the Workers' Statute

An employee who has worked at a company for at least one year and who has not been on voluntary leave for at least four years, is entitled to

Equality Plan for Multiple Workplaces

EQUALITY PLAN: THE ENTIRE WORKFORCE MUST BE TAKEN INTO ACCOUNT, NOT INDIVIDUAL WORKPLACES An equality plan is a positive action instrument designed to achieve genuine equality…

How Much Does Insolvency Proceedings Cost

COST OF INSOLVENCY MEDIATION The cost of insolvency mediation shall not exceed the fee received by the insolvency mediator, as set out in the Consolidated Insolvency Act (TRLC):

Spanish Golden Visa - Real Estate investment in Spain

The visa which has become best known as the 'Golden Visa' was created by the Law 14/2013, from 27 of September, in support of entrepreneurs and internationalisation (particularly…

Penalty and Contributions for Hiring an Undocumented Domestic Worker

It is common knowledge that foreign nationals without a work permit (undocumented) regularly work in domestic settings, carrying out cleaning duties or caring for elderly people,…

What is a collective dismissal according to Spanish labour law?

In the application of article 51 of the Workers' Statute, collective dismissal is understood to be the termination of employment contracts based on economic, technical,…

Qualified Total Permanent Disability and Capitalisation

Can you imagine being unable to practise your usual profession due to an injury or illness? Total permanent disability (total permanent disability (IPT)) is a Social Security…

Negotiating Committee for Equality Plans

How the Equality Plan Negotiating Committee is formed in accordance with Article 5 of Royal Decree 901/2020, of 13 October, which regulates equality plans and their registration,…

Equality Plan Declared Void for Lack of Employee Representatives

Companies must hold workplace elections in order to fulfil their obligation to implement an Equality Plan. It appears that drawing up an Equality Plan unilaterally, or through…

Retirement of a Company director

As a general rule, retirement is incompatible with any other work, whether as an employee or self-employed, and therefore no Social Security contributions are required under any…

Create a Branch, Subsidiarity or Permanent establishment in Spain

PERMANENT ESTABLISHMENT IN SPAIN A Permanent Establishment is a fixed place of business (a centre from which to carry out the business or a dependent agent). It is a Fiscal…

Pre-insolvency proceedings & second chance: specialist lawyers