the art of being legal

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

A Very Royal Fortune

The case of the yacht Fortuna reveals how procedural errors and unlawful secondment of workers can lead to multi-million-euro compensation awards. This ruling implicates not only…

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…

Delays in the Employment Courts

One of the practical problems arising from the Labour Reform is the delay that proceedings in the employment tribunals are experiencing.

5th ELEN Annual General Assembly Held in Barcelona

Conesa Asociados law firm is a founding member of the European Legal Network (ELEN). José Conesa served as its founding President and, after four years, has resumed the role, an…

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…

ius familia – Training Day

On 15 May, solicitor María Serra Muñoz delivered a training session for mediators at the Barcelona College of Social Educators, focusing on the main changes introduced by Book II…

José Conesa Ballestero Appointed Advisory President and Awarded the Cruz de San Raimundo de Peñafort

Participation in the Seventh Edition of the European Jurist Forum

collective dismissal, Contract Suspension and Working Hours Reduction

The ongoing labour reforms have now introduced Royal Decree 1483/2012, of 29 October, which regulates the procedures for collective dismissal, contract suspension and working…

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…

Participation in AIJA Seminar in Barcelona

Mª Teresa Garasa, a commercial lawyer at Conesa Asociados law firm and member of the International Association of Young Lawyers, AIJA,participated in the AIJA 2012 Pre-Congress…

ILO: Ending Austerity Is the Key to Saving Jobs

José Conesa Published in Argentine Legal Journal

José Conesa has published an article in the latest issue of the prestigious Argentine journal Trabajo y Social Security, analysing the main aspects of the reform of Spanish…

Annual Assembly of EUROPEAN LEGAL NETWORK: ELEN in Porto

The annual assembly of European Legal Network: ELEN took place on 28, 29 and 30 June in Porto, bringing together the managing partners of the network's member firms: Jean-Jacques…

How to Make Your company More Flexible and Avoid dismissal

Changes to employment conditions, the possibilities offered by the company collective agreement, and salary opt-out arrangements.

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…

Formation of the Spanish Legal Network - RJE

The right to strike: regulation and company obligations

Strike action in Spain is governed by legislation dating back to 1977, a Royal Decree-Law that no government has since fully replaced, and which many consider ill-suited to the…

INFORMATION NOTE ON THE GENERAL STRIKE OF 29/03/2012

General Strike: Rights and Obligations of Workers and Employers

Labour Reform 2012: Overview of the Main Changes

The reform covers many areas: amendments to existing contracts and the creation of new types; new paid leave entitlements; a new professional classification system; functional and…

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

REFLECTION

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.…