the art of being legal

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…

Employment Law Updates for 2004

In February, the Ministerial Order developing the Social Security contribution rules set out in the General State Budget Act for 2004 was published.

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…

Employee Representation in the company

All workers have the right to join trade unions freely, in order to promote and defend their economic and social interests. They also have the right to participate in the company…

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…

Employment Law Updates for 2002: Part One

Over the next two issues, we will outline the main employment law developments for 2002. These are set out primarily in Law 24/2001 of 27 December on Tax, Administrative and…

Maternity subsidy and Pregnancy Risk subsidy: Part Two

subsidy FOR RISK DURING PREGNANCY FOR EMPLOYED WORKERS:

The subsidy for maternity and the subsidy for pregnancy risk: part one

On 16 November, Royal Decree 1251/2001 was published in the Spanish Official Gazette (BOE), regulating the financial benefits provided by the Social Security system for maternity…

Retirement under the General Social Security Scheme

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.

Sandwich Breaks, Substantial Changes to the employment contract and Functional Mobility Within the company

Over the course of an employment relationship, circumstances may arise that result in changes to the terms of the contract relating to functional mobility, geographical mobility,…

Types of dismissal in Spain

DISMISSALS INITIATED BY THE EMPLOYEE

Law Against the Flight from Employment Law Through New Technologies