the art of being legal

Express Insolvency Proceedings

Requirements for an Express Insolvency Procedure Article 470 of the Consolidated Insolvency Act (TRLC) provides that a judge may order the conclusion of the insolvency proceedings…

Pay Equity Audit

What are the differences between a pay audit and a pay register? As set out in Articles 5 to 8 of the Royal Decree 902/2020, of 13 October, on equal pay between women and men, the

How to get a NIE in Spain

A NIE is needed in order to maintain any sort of relationship with the Spanish Government. When investing in real estate, the notary will ask you for your NIE, when setting up a…

null and void dismissal employee on Sick Leave in temporary disability (IT)

CAN AN employee ON SICK LEAVE BE DISMISSED?

Voluntary Leave: Article 46(2) of the Workers' Statute

An employee who has worked at a company for at least one year and who has not been on voluntary leave for at least four years, is entitled to

Minimum Wage (SMI) Update: Payslips & Social Security Contributions

The base salary on your payslips may need to be updated. On 28 September, the Council of Ministers approved a 1.57% increase to the Spanish national minimum wage, in line with the…

Salary Updates Following the Rise in the minimum wage (SMI)

Extension of Temporary Layoff Procedure (ERTE) until 28 February 2022

Below you will find the latest information on the extension of Temporary Layoff Procedure (ERTE) until February 2022, recently published in the Spanish Official Gazette (BOE).

THE ACQUISITION OF SPANISH NATIONALITY BY RESIDENCE IN SPAIN

After a few years of residence in Spain, a foreign citizen living in our country may apply for Spanish nationality.

Equality Plan for Multiple Workplaces

EQUALITY PLAN: THE ENTIRE WORKFORCE MUST BE TAKEN INTO ACCOUNT, NOT INDIVIDUAL WORKPLACES An equality plan is a positive action instrument designed to achieve genuine equality…

Acquiring Spanish Nationality Through Residence in Spain

A foreign national living in Spain may, after a number of years of residence, apply for Spanish nationality.

How Much Does Insolvency Proceedings Cost

COST OF INSOLVENCY MEDIATION The cost of insolvency mediation shall not exceed the fee received by the insolvency mediator, as set out in the Consolidated Insolvency Act (TRLC):

Penalty for Not Having an Equality Plan

In 2019, Royal Decree Law 6/2019 on urgent measures to guarantee equal treatment and equal opportunities for women and men in employment and occupation established a series of…

Early Retirement – Specialist Employment Lawyer

In this post, we focus specifically on the rules governing early retirement.

Robotics, Contract Termination & the Future of Labour Law

For several years now, there has been a wealth of thought-provoking articles on employment and social affairs, as well as a growing body of case law, on the subject of…

Extension of ERTEs Until 30 September 2021

Temporary Layoff Procedure (ERTE) CURRENTLY IN FORCE: The new Royal Decree-Law 11/2021, of 27 May, on urgent measures for the defence of employment, economic recovery and the…

New Protection Measures for Self-Employed Workers

This morning, the Royal Decree-Law 11/2021, of 27 May, on urgent measures for the defence of employment, economic reactivation and the protection of self-employed workers was…

MENSTRUAL LEAVE: NEW EQUALITY MEASURES FOR COMPANIES?

Globally, one in ten women suffers from menstrual pain (also known as "dysmenorrhoea") severe enough to interfere with their daily activities.

Spanish Golden Visa - Real Estate investment in Spain

The visa which has become best known as the 'Golden Visa' was created by the Law 14/2013, from 27 of September, in support of entrepreneurs and internationalisation (particularly…

Penalty and Contributions for Hiring an Undocumented Domestic Worker

It is common knowledge that foreign nationals without a work permit (undocumented) regularly work in domestic settings, carrying out cleaning duties or caring for elderly people,…

What is a collective dismissal according to Spanish labour law?

In the application of article 51 of the Workers' Statute, collective dismissal is understood to be the termination of employment contracts based on economic, technical,…

Residence Permit & arraigo (residence by social/family/employment ties) for Foreign Nationals in Spain

The residence permit for exceptional circumstances through arraigo (residence by social/family/employment ties) for foreign nationals in Spain.

Relationship Between a company Board Member and the company: Employment or Commercial?

1. The relationship between a company and members of the board of directors holding senior management positions is governed by commercial law, not employment law. The Supreme…

Dual Nationality Treaty Between Spain and France

THE SPAIN–FRANCE DUAL NATIONALITY TREATY ENTERS INTO FORCE: This new legislation, which had been under discussion between the two countries since 2019, finally entered into force…

From Temporary Layoff Procedure (ERTE) to Collective Dismissal Procedure (ERE)

Exactly one year ago, most of us were facing the start of Easter 2020 cancelling travel plans and uncertain about what the future would hold.

Sexual Harassment at Work: Identify, Prevent, and Act

Many expressions used in everyday language can have a negative impact on those who receive them. The office and the workplace are not always free from prejudice, discrimination or…

Qualified Total Permanent Disability and Capitalisation

Can you imagine being unable to practise your usual profession due to an injury or illness? Total permanent disability (total permanent disability (IPT)) is a Social Security…

Negotiating Committee for Equality Plans

How the Equality Plan Negotiating Committee is formed in accordance with Article 5 of Royal Decree 901/2020, of 13 October, which regulates equality plans and their registration,…

Equality Plan Declared Void for Lack of Employee Representatives

Companies must hold workplace elections in order to fulfil their obligation to implement an Equality Plan. It appears that drawing up an Equality Plan unilaterally, or through…

null and void dismissal

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