Josep Conesa Sagrera

Workplace Absenteeism and Its Scope in Spain

An analysis of the causes and some possible solutions.

Emergency Employment Measures

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

Keeping Jobs: Alternatives to dismissal

Social Security CONTRIBUTION EXEMPTIONS – SIXTH ADDITIONAL PROVISION OF ROYAL DECREE-LAW 8/2020 Loss of contribution exemptions for workers covered by a Temporary Layoff Procedure…

Amendments to Immigration Law

A reform of the Organic Law governing the Rights and Freedoms of Foreign Nationals in Spain and their Social Integration has been tabled.

The Prevention of Psychosocial Risks in the Company

Psychosocial risks: Work-related stress, burnout syndrome, mobbing, sexual harassment, and physical violence are some forms in which these work-related disorders can manifest,…

Possible Reform of Social Security

The Council of Ministers has approved the Draft Social Security Measures Act, which sets out a comprehensive reform of the system, in line with the Agreement on Social Security…

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…

Benefits Surcharge for Failure to Implement Workplace Health and Safety Measures

The surcharge on Social Security benefits is a long-established institution in the Spanish legal system. It is a penalty that applies when a work-related accident occurs,…

Current Employment Contracts I

We thought it would be useful to create a "reference section" covering the different types of employment contracts currently in force in Spain, setting out the specific…

Self-Employed Workers May Claim Unemployment Benefit by Contributing More

The Ministry of Labour and Social Affairs is negotiating with organisations representing self-employed workers on the draft Statute of the Self-Employed employee. The draft…

Compensation, Classification, and Dismissal of a Company Administrator

The administrators of commercial companies present a special problem when relating them to certain aspects of Labor and Social Security Law and this has led to great legal…

Rights and Obligations of Self-Employed Workers

The Special Scheme for Self-Employed Workers (Special Scheme for Self-Employed Workers (RETA)) covers all workers who carry out an economic activity for profit on their own…

Maximum and Minimum Caps on Social Security Contribution Bases

Below we set out the contribution rates that will apply during the 2006 financial year.

Maternity Benefit

Within the framework of maternity benefits, protected situations include biological maternity, adoption, and foster care arrangements, both pre-adoptive and permanent, during the…

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…

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.

Amendments to the Employment Contract

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…

Objective Dismissal: Article 52 of the Workers' Statute

The Covid pandemic led to an attempt to limit job losses. However, as a result of governmental economic policies which have sought to increase the competitiveness of companies,…

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…

collective dismissal in Insolvency – Employment Aspects of the New Law

EMPLOYMENT LAW ASPECTS OF THE NEW INSOLVENCY ACT

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.

Updates and Amendments to the Special Scheme for Self-Employed Workers

On 27 April, Royal Decree-Law 2/2003 on economic reform measures came into force. This new legislation introduces several amendments to the special scheme for self-employed workers

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…

Rights of Working Women

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

Work-Life Balance Legislation: Reforms and Counter-Reforms

WHETHER OR NOT IT IS REQUIRED AS A CONDITION FOR ACCESSING UNEMPLOYMENT BENEFITS.

Collective Bargaining of Working Conditions

Collective bargaining is the standard mechanism for regulating working conditions within companies, and its outcomes are ultimately formalised through the adoption of a collective…

Claiming Working Hours, Leave & Holidays: Your employment lawyer Explains

Legal Assistance Before the Labour Inspectorate

We assist clients in responding to requests from the Labour Inspectorate, whether to provide a statement or submit employment and Social Security documentation required by the…

The new gradual, flexible retirement system compatible with work

Royal Decree 16/2001 of 27 December is a piece of legislation establishing a new system of gradual and flexible retirement. These changes stem from the Agreement for the…