the art of being legal

Employment Law Updates for 2003

1. REGULATION OF dismissal:Law 45/2002 of 12 December repealed the so-called 'decretazo' of May 2002 (RDL 5/2002), amending, yet again, the rules governing dismissal.

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…

Senior Executive Employment Contract

Introduction Social Security Contributions Termination and Compensation Taxation Senior Executive Contract Template INTRODUCTION AND CONCEPT OF SENIOR EXECUTIVE EMPLOYMENT The…

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…

Externalising Pension Commitments

Law 30/1995 on the Organisation and Supervision of Private Insurance requires that pension commitments assumed by companies towards their employees must be implemented through…

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:

Changes to Employment Contracts After the Labour Reform

Royal Decree Law 5/2001 of 2 March introduced significant changes to hiring incentives (bonificaciones), which are set out in detail in this article.

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…

Crisis Situations and Workforce Restructuring

Are you considering whether a workforce restructuring might help your company overcome a crisis situation? Do you believe your company needs a headcount adjustment?

Special Social Security Schemes: Self-Employed Workers

Retirement under the General Social Security Scheme

Foreigners and the Spanish Labour Market

ACCESS TO EMPLOYMENT FOR FOREIGN NATIONALS IN SPAIN

The Surcharge on Economic Benefits

EU Social Security Rules: Employee Rights When Working Across the European Union

This article aims to provide readers with clear information on their rights and obligations in the field of Social Security, in situations where the social security systems of…

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,…

Computer Use, Email Monitoring and dismissal

New technologies are creating situations in employment relationships that have never arisen before. Grounds for dismissing staff based on irregular use of a computer are now…

Types of dismissal in Spain

DISMISSALS INITIATED BY THE EMPLOYEE

Non-Compete Agreements with Employees

One of the most important duties for the employee, one that has recently regained prominence with the introduction of new technologies, is the prohibition on competing with the…

Workplace Health & Safety: The Employer's Ongoing Duty

Law Against the Flight from Employment Law Through New Technologies

Social Security Fraud: Criminal Consequences

The Spanish Constitution guarantees the existence and sustainability of a public Social Security system for all citizens, along with adequate social benefits. This is a…