Employment

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…

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…

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…

Preventive Resources in Workplace Risk Prevention Compliance

Law 54/2003 of 12 December, reforming the Regulatory Framework for Occupational Risk Prevention, introduces new rules on the presence of preventive resources in certain types of…

Amendments to the Employment Contract

Social Security classification of lawyers

Case law has addressed on numerous occasions the question of whether services provided by lawyers are of an employment nature. Based on logical criteria, a distinction has been…

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,…

Key Employer Obligations Under Spanish Employment Law

In this article, Assessorament i Consell aims once again to keep readers informed of their obligations as employers under employment law.

Workplace Health & Safety Updates for 2004

Internet and Technology Use in the Workplace

As new technologies become embedded in the workplace, questions inevitably arise about how they interact with employment law. This gives rise to disputes between employees and…

How to Apply Salary Supplements: Part II

In last month's article, we covered some of the salary supplements available under Spanish law. This month, we look at the remaining ones, so you have a clear picture of what each…

How to Apply Salary Supplements: Part I

Salary supplements or additions to base salary are amounts added to the base salary under any of the headings established in a collective bargaining agreement or in an individual…

Functional and Geographical Mobility Within and Outside Spain

Commercial Representatives and Commercial Agents

Below is a brief overview of the most important features of commercial representatives and how they differ from commercial agents. Should you have any queries or require further…

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.

Work-Life Balance Legislation: Reforms and Counter-Reforms

WHETHER OR NOT IT IS REQUIRED AS A CONDITION FOR ACCESSING UNEMPLOYMENT BENEFITS.

Senior Executive Employment Contract

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

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…

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

The Surcharge on Economic Benefits

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…

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