the art of being legal

Workplace Health & Safety Action Plan for Influenza A

Implications of Swine Flu (H1N1) for the workplace. Government recommendations for companies to consider.

Workplace Absenteeism and Its Scope in Spain

An analysis of the causes and some possible solutions.

The Current and Future State of the Social Security System: How the Crisis Has Upended Government Forecasts

The crisis has significantly altered the Government's original forecasts.

Emergency Employment Measures

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

TRADE Compensation – Damages Upon Contract Termination

The Law 20/2007, of 11 July, on the Self-Employed Workers' Statute and the subsequent Royal Decree 197/2009, of 23 February, which develops the Self-Employed Workers' Statute in…

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.

Updates to the Latest General Construction Collective Agreement

*Resolution of the Directorate-General for Labour, 1 August 2007.

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,…

Equality Plan Template – Request a Sample Equality Plan

After much anticipation, the Organic Law on Effective Equality between Women and Men was finally published on 23 March, having been approved in a plenary session with no votes…

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 Promotion Programme

Social Security Contribution Rates for 2007

Requirements for the Correct Hiring of Agency Workers

"Temporary Employment Agency Regulations" The legal framework governing the activities of temporary employment agencies (ETTs) was definitively established in its fundamental…

Preliminary Draft Law on the Self-Employed Workers' Statute

Self-employed work has traditionally been governed within the framework of private law legal relations. As a result, regulatory references to self-employed workers are scattered…

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…

New Subcontracting Rules in the Construction Sector

Law 32/2006, recently published in the Spanish Official Gazette (BOE) No. 250 of 19/10/2006, which regulates subcontracting in the construction sector, will come into force from…

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…

The Labour Reform

The new labour reform that has just been approved is the result of fourteen months of negotiations, culminating in an agreement between all parties involved. This is a reform…

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…

Obligation to Register the New Inspection Log for All Companies Before 1 June 2006

Resolution of 11 April 2006, issued by the Labour and Social Security Inspectorate, concerning the Inspection Visit Register of the Labour and Social Security Inspectorate.

Entry and Stay in Spain for EU Nationals

Since Spain's accession to the European Union, the Spanish Government has progressively enacted legislation to regulate the entry, stay, and residence of nationals from other EU…

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…

Employment Promotion Measures 2006

An employment contract is an agreement between an employer and an employee whereby the employee undertakes to provide certain services under the employer's authority and…

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.

Out-of-Court Responses to a Business Crisis: Employment Techniques

Economic globalisation, technological development, corporate mergers, a lack of forward planning among some workers who fail to engage in ongoing training, and highly competitive…

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…