Collective redundancies prior to a business transf […] Collective redundancies prior to a business transfer: key takeaways from the Supreme Court Judgment of 5 March 2025
Category: Laboral
In scenarios such as the termination of a service contract or administrative concession, it is not uncommon for the outgoing company to consider terminating its workforce contracts just before the transfer of activity, invoking collective redundancy on the grounds of an alleged cessation of operations. At first glance, this might appear to be an efficient […]
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How does Organic Law 1/2025 impact the employment […] How does Organic Law 1/2025 impact the employment sphere?
Continuing the trend set in the previous year, the beginning of 2025 has brought with it significant developments in the field of labor law. Within this context of ongoing transformation, Organic Law 1/2025, of January 2, on measures concerning the efficiency of the Public Justice Service, emerges as a key milestone. It was published in […]
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Can the employer set limits on the use of trade un […] Can the employer set limits on the use of trade union time credit?
Frequently, companies ask us for advice to resolve a situation that is causing them conflict: the inadequate use of the hours corresponding to the trade union credit legally recognised for people who have been validly elected as members of the legal representation of workers, either as staff delegates or as members of the works council. […]
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Additional clauses to the employment contract: key […] Additional clauses to the employment contract: keys to protecting employers’ interests
In the field of employment, establishing reciprocal rights and obligations between employer and employee from the outset is essential to prevent conflicts. In this context, contract riders are particularly relevant, especially in cases of middle and senior management, where access to sensitive information and specialised training play a key role. However, although these clauses are […]
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Protection of Workers from Carcinogens, Mutagens, […] Protection of Workers from Carcinogens, Mutagens, and Reproductive Toxins: Key Aspects of Royal Decree 612/2024
On 4 July 2024, Royal Decree 612/2024 came into force, amending Royal Decree 665/1997 to transpose Directive 2022/431 into Spanish law. This new regulatory framework aims primarily to enhance the safety, health, and protection of workers from exposure to carcinogenic, mutagenic, and, as a key innovation, reproductive toxic agents.
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Compensation for unfair dismissal in Spain followi […] Compensation for unfair dismissal in Spain following the ECSR Decision
Compensation for unfair dismissal: UGT complaint to the European Committee of Social Rights (ECSR) The trade union UGT lodged a complaint with the European Committee of Social Rights (ECSR) to assess whether the compensation for unfair dismissal under Spanish law is in line with the Revised European Social Charter (ESC), ratified by Spain in 2021. […]
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Challenges of artificial intelligence in labour re […] Challenges of artificial intelligence in labour relations under the new European AI Act
Artificial intelligence (AI) is changing human resource management in companies, covering processes such as recruitment and performance analysis. With the entry into force of Regulation 2024/1689, which regulates AI, the European Union establishes a clear regulatory framework for the use of AI in the workplace. In doing so, it aims to ensure that the implementation […]
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How is collective redundancy affected by the redep […] How is collective redundancy affected by the redeployment of workers in companies of the same group?
The redeployment of employees in other companies of the corporate group is a common practice used by companies to restructure their workforces and often to avoid direct redundancies. However, this solution may raise important doubts, especially with regard to the calculation of collective redundancies. The recent judgment no. 412/2024 of 14 May 2024 of the […]
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What to do when a worker requests a reduction or a […] What to do when a worker requests a reduction or adaptation of working hours?
One of the most frequently asked questions we receive from our clients is how to proceed when they receive a request for a reduction or adaptation of working hours from one of their employees. It is becoming increasingly common for workers to want to exercise the rights that the applicable regulations establish in terms of […]
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What is the protection against dismissal for staff […] What is the protection against dismissal for staff with working time adjustments after the entry into force of the Parit […]
An alleged ‘error’ in the wording of the so-called Parity Law, which has recently come into force and which would affect the protection against dismissal of staff in certain situations, including those who have requested or enjoy an adaptation of the working day in order to exercise the right to reconcile work and family life, […]
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Case of disciplinary dismissal for failure to comp […] Case of disciplinary dismissal for failure to comply with the duty to record working hours and other obligations
With effect from 21 March 2023, a company dedicated to the marketing of medical products dismissed one of its sales representatives for repeated disobedience and fraud, disloyalty or breach of trust in the tasks entrusted to her by failing to comply with the duty to record her daily working hours, having been requested on numerous […]
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Is it compulsory to have an LGBTI Equality Plan in the company? From 2 March 2024 it will be compulsory for all companies with more than 50 employees. We already predicted in the negotiations of equality plans between women and men in the business sphere that we would soon find ourselves having to negotiate plans […]
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Exemptions from severance payments: requirements a […] Exemptions from severance payments: requirements and applicability
Are all severance payments exempt? Firstly, we must refer to the Personal Income Tax Law, which establishes in article 7. e) that they are exempt: «Compensation for dismissal or termination of employment, in the amount compulsorily established in the Workers’ Statute, in its implementing regulations or, where applicable, in the regulations governing the enforcement of […]
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Can I fire someone who has tried to steal from the […] Can I fire someone who has tried to steal from the company?
Unfortunately, it is quite often the case that a worker appropriates or steals (the difference between “theft” and “robbery” is basically that for “robbery” to occur, it must have been done by force, intimidation or violence against persons or things) objects or items belonging to the company, his or her employer. When this happens to […]
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Penalties for non-compliance with obligations rela […] Penalties for non-compliance with obligations relating to the Equality Plan.
Having an approved and implemented equality plan is an obligation from the 7th of March 2021 for companies with between 101 to 150 employees. It should be remembered that this obligation was already binding for companies with more than 150 employees. Now companies with 50 or more employees will also have to comply with it. […]
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When does it consider the existence worker’s illeg […] When does it consider the existence worker’s illegal transfer?
It is increasingly common for companies to organize the development of their business activity, through figures known as outsourcing. This term implies a cost reduction and limitation of liability of the “client company”, to which such services are provided, derived from the labour relations with the persons providing those external services from which they benefit, […]
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When a group of businesses is considered to be at […] When a group of businesses is considered to be at labour level?
Many of our clients maintain a structure with various interrelated corporate organizations, but ignore exactly which are the consequences that this act can lead to. This is why we should differentiate between “a group of businesses” and “business group”. The first concept is safer in terms of the possible consequences in a labour level, while […]
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