the art of being legal

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. …

Employment Law Updates 2019: Royal Decree-Law 28/2018, of 28 December

Royal Decree-Law 28/2018, of 28 December, establishes a series of employment measures that the Government considers urgent and priority matters.

Consequences of Business Succession in an Insolvency Sale

The Fine Line Between Employment and Commercial Relationships: ONLINE DELIVERY RIDERS

The Cour de cassation in France, the equivalent of the Supreme Court in Spain, has ruled that the contractual relationship between delivery riders working for online platforms…

Types of Disability Caused by Silicosis

Disability due to silicosis or pneumoconiosis is the reduction or limitation of a person's capacity to work, as defined by law, whereby the affected individual receives a type of…

Burnout as a Work Accident: Midwives

The claimant, a midwife by profession, submitted a claim for permanent disability on the grounds of work-related stress, formally diagnosed as "adaptive disorder with chronic…

SILICOSIS: occupational illness

Types of silicosis by severity. How to claim damages? How can a disability pension be increased by up to 50%? How to find the best specialists in work-related accidents and…

Employment Lawyer – Dismissal & Video Surveillance

Video surveillance evidence in dismissal proceedings: Article 20 of the Workers' Statute provides that employers may adopt such monitoring and control measures as they consider…

Consequences of Classifying a Work Accident in Portugal

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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.

dismissal: BARBULESCU CASE: An IT policy does not override the right to privacy

Following the ruling handed down on 5 September 2017 by the Grand Chamber of the European Court of Human Rights (ECtHR), which overturned the Court's earlier ruling of 12 January…

LabLaboral: Working Hours Oversight Debated at Conesa Legal

At Conesa Legal, we are delighted with the success of our second LabLaboral, working breakfasts that bring together professionals from the sector to share ideas and the latest…

Conesa Legal breaks down the key points of the French labour reform in Porto

Jordi Conesa Speaks at the Catalan Economists' Association

The Benefits Surcharge and Baker's Asthma

We examine here a real case involving a benefit surcharge that closely resembles the silicosis cases currently emerging, one we believe is worth presenting in detail because of…

Barcelona Lawyers for Workplace Harassment Defence

Workplace bullying and sexual harassment are recognised circumstances that can give rise to a work-related accident.

Psychosocial Risks: Protocol for Moral and Sexual Harassment at Work

EMPLOYMENT COMPLIANCE: HOW TO IDENTIFY AND PREVENT PSYCHOSOCIAL RISKS The consequences of workplace moral and sexual harassment can give rise to illnesses that may be classified…

Workers in Contact with Minors: the company's Obligation to Request Criminal Records

Companies hiring staff who will have contact with minors must require a criminal record certificate.

Serious and repeated errors justify a fair dismissal.

Modifying Working Conditions and Workforce Flexibility

Sexual harassment at work and fair dismissal for kissing a female employee on the cheek

José Conesa Ballestero Receives the Distinguished Cross of the Order of San Raimundo de Peñafort

On Friday, 19 December, a solemn investiture ceremony was held in the Central Hall of the Royal Academy of Jurisprudence and Legislation, organised by the General Council of…

The Constitutional Court upholds the labour reform

Collective Bargaining Reform Approved

The Royal Decree-Law that has been approved seeks to reconcile the employers' associations' drive for greater flexibility with the trade unions' demands for wider collective…

Nullity in collective dismissal

Nullity on grounds of fixed-term contracts entered into in breach of the law The ruling 951/2021, of 29 September, of the Supreme Court, declares the nullity of a collective…

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…

Retirement Calculation: How Will Your Pension Look? Examples

Calculating your retirement pension: standard retirement age The standard retirement age in Spain is 67. Workers who have completed a full contribution career (38 years and 6…

Sales Representatives as Potential In-House Sellers in the company

The Royal Decree 1438 of 1 August 1985 sets out the characteristics of the special employment relationship applicable to commercial representatives.

ILO: "Global Wage Growth Has Halved"

In a press release, the ILO (International Labour Organization) has outlined the key findings of its report: having analysed data from 115 countries, representing 94% of the…

New Labour Reform