the art of being legal

Silicosis Damage Claims and employment lawyer Defence

We have spent several years representing marble workshop companies and workers affected by silicosis. After numerous court hearings and inspections, we have reached certain…

What Happens When an employee Exhausts Sick Leave Due to total permanent disability (IPT)?

The ruling of the Court of Justice of the EU (Court of Justice of the EU (CJEU)) dated 18 January calls into question the automatic termination of the employment contract on…

INTERNATIONAL LABOUR ORGANIZATION: Employment Proceedings Before the Administrative Tribunal

Barcelona Work Calendar 2024

disciplinary dismissal and Prior Hearing

disciplinary dismissal, as we know it, regulated under Articles 54 and 55 of the Workers' Statute, is currently subject to diverging interpretations across Spain's various High…

Tax Updates 2024

For 2024, no major tax changes are expected either. However, as several measures are still awaiting final government approval, we have put together a brief summary of what we…

Family Reunification

Who Are Stateless Persons?

Deferring Retirement and the Delay Supplement

Deferred retirement occurs when a worker continues working despite having already met all the requirements for retirement. This entitles them to what is known as the "deferral…

Special Social Security Agreement: How to protect your pension

Find out how the Special Social Security Agreement can be a convenient way to secure your retirement and improve your financial well-being so that your pension is not negatively…

Is Electronic Invoicing Mandatory?

Electronic invoicing between businesses and professionals in Spain is set to become mandatory in 2024 (for companies with annual turnover exceeding €8 million) and 2025 (for all…

Shareholders' agreements in Spain: content, function and legal effect

Shareholders' agreements (‘pactos de socios’/’pactos parasociales’ in Spanish) are an increasingly popular feature of the formation and operation of companies, as they set out the…

Legal and financial obligations of companies in Spain

Commercial companies in Spain are subject to a number of obligations that they must comply with in order to operate in a legal and transparent manner. These obligations vary…

Recovering costs in legal aid cases

Legal aid is a system in which a person who fulfils certain requirements can have access to a lawyer and a 'procurador' without having to pay for their services.

dismissal for Poor Performance

The main challenge posed by this ground for dismissal undoubtedly lies in proving underperformance. On this point, the ruling of the Supreme Court (STS) of 23 March 1990 (R.…

Crimes against honour, privacy and one's own image in Spain

Article 18 of the Spanish Consititution guarantees the right to honour, to personal and family privacy and to one's own image (el derecho al honor, a la intimidad personal y…

The Minimum Rights of Minority Shareholders in a Limited Liability Company in Spain

Limited Liability Companies (Sociedades de Responsabilidad Limitada (S.L.s) in Spanish) are one of the most common forms of business in Spain. These entities offer a number of…

Legal considerations for foreign real estate investors in Spain

If you are thinking about investing in real estate in Spain then you are in good company. More and more people from around the world are buying property in Spain and for good…

When to incorporate a limited liability company for your business: Advantages and disadvantages

If you’re reading this, you probably have a great idea for a business. You know what service or product you want to provide, you know who you want to provide it to and you can’t…

Pension Supplement for Parents: Boost Your Retirement

CAN I CLAIM THE SUPPLEMENT OR INCREASE TO MY RETIREMENT, DISABILITY OR OTHER PENSION? YES, you can claim if: you are the father or mother of one or more children your pension…

What Is Workplace Harassment and How to Combat It

Spanish Start-ups Law for entrepreneurs: Accreditation process is open

Good news for start-ups! As of July 2023, start-ups can now apply to be certified with ENISA (la Empresa Nacional de Innovación) under the Ministry of Industry, Commerce and…

What Must Be Included in the Minutes of Commercial Company Meetings?

Resolutions passed by the governing bodies of commercial companies (the General Meeting of Shareholders and the board of directors) must be recorded in minutes, which shall be…

What do I need to include in my website's privacy policy?

Your privacy policy is your way to fulfill your obligation to let your data subjects know that you are collecting personal data about them, how it will be used, and what their…

What is the General Data Protection Regulation (GDPR) and how does it affect me?

The General Data Protection Regulation (GDPR) is a law of the European Union which regulates the way that companies process and use the personal data that they collect from…

Who can apply for the digital nomad visa in Spain and how?

Over the course of the last few years, the world has increasingly moved online, creating the perfect environment for the ‘digital nomad’ to flourish. The idea that remote work can…

General elections... changes to the Workers' Statute...

Article 86 of the Spanish Constitution allows the Government to issue royal decree-laws "in cases of extraordinary and urgent necessity". We leave it to your good judgement, dear…

How to Reclaim VAT on an Unpaid Invoice

When we issue an invoice to a client, we are required to include the applicable VAT on that invoice. If the client fails to pay, we can reclaim the VAT included in that invoice…

How to hire a foreigner in Spain

Contact our labour lawyer specialised in immigration law SHOULD THE TEMPORARY RESIDENCE AND WORK PERMIT EXPRESSLY STATE WHETHER…

Additional Compensation for Dismissal

POSSIBLE NEW DOCTRINE FROM THE High Court of Justice OF CATALONIA: Additional compensation, as the name suggests, refers to the payment of an amount above the statutory minimum,…