Five-day paid leave for hospitalisation of a famil […] Five-day paid leave for hospitalisation of a family member or cohabitant: key considerations for effective management
Category: Labour Law
The management of 5 days’ paid leave due to hospitalisation or serious illness of a family member or partner has become a common source of doubts and incidents in the workplace. The increase in requests in recent months has led to a notable increase in labour disputes, especially after the recent National Court Ruling No. […]
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Legal criteria for identifying the existence of a […] Legal criteria for identifying the existence of a business succession
A matter that we increasingly deal with at our firm involves providing legal advice on the criteria for identifying business succession and the resulting liability of the new company for outstanding debts left by its predecessor. What is business succession? Business succession is a legal concept regulated under Article 44 of the Spanish Workers’ Statute […]
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Key employer obligations regarding information and […] Key employer obligations regarding information and consultation with employee legal representation
Labor relations in Spain are increasingly regulated, and one of the most underestimated risk areas for companies involves their legal obligations to inform and consult with employee legal representatives (Representación Legal de los Trabajadores or RLT). What information and consultation obligations must companies comply with? Spanish labor legislation—particularly the Workers’ Statute, the Organic Law on […]
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Digital disconnection and labor reform in Spain: k […] Digital disconnection and labor reform in Spain: key aspects of the new Article 20 bis of the Workers’ Statute
The draft bill that proposes reducing the standard workweek to 37.5 hours also includes a reform of Article 20 bis of the Workers’ Statute. This reform aims to strengthen the right to digital disconnection, expanding its scope and making it a more central element in work organization—particularly in remote work and flexible scheduling contexts But […]
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Pre-dismissal hearing in cases of disciplinary dis […] Pre-dismissal hearing in cases of disciplinary dismissal: how should it be conducted?
With the well-known Supreme Court Judgment (STS) 1250/2024 of 18 November, the legal doctrine regarding how to carry out disciplinary dismissals has changed. Since then, before proceeding with a disciplinary dismissal, the employer must offer the employee an opportunity to defend themselves against the allegations made. Obligation to hold a pre-dismissal hearing in disciplinary cases […]
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Main implications of the new European Union Direct […] Main implications of the new European Union Directive regulating the labour framework of digital platforms
The recent publication of Directive (EU) 2024/2831 of the European Parliament and of the Council, dated 23 October 2024, on improving working conditions in platform work, represents a step forward in the regulation of work on digital platforms.
Designed to ensure greater transparency and protection of the rights of workers serving […]
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New Supreme Court ruling: impact on compensation f […] New Supreme Court ruling: impact on compensation for wrongful dismissal
A key ruling for companies regarding compensation for unfair dismissal The Supreme Court has recently issued Ruling no. 1350/2024 of 19 December 2024, in which it addresses the possibility for judicial bodies to establish compensation for unfair dismissal higher than that provided for in Article 56.1 of the Workers’ Statute (ET). What does the law […]
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What obligations will companies have to comply wit […] What obligations will companies have to comply with the reduction of working hours to 37.5 hours per week?
The reduction of the maximum working week of 40 hours per week in annual calculation, which is currently included in article 34 of the Workers’ Statute, is one of the commitments included in the government pact signed at the time between PSOE and SUMAR, which established a reduction of the maximum working week to 37.5 […]
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Does the employee have to give notice of absence d […] Does the employee have to give notice of absence due to medical leave?
Although it is no longer compulsory for employees to provide the company with the sick leave, confirmation and discharge report, it is possible to require them to notify the company of their absence due to Temporary Incapacity. In this article, we analyse the conditions that the company may require employees to fulfil in relation to […]
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Collective labour measures in bankruptcy proceedin […] Collective labour measures in bankruptcy proceedings
Although it is always advisable to adopt labour-related measures before the company has been forced to initiate a bankruptcy proceeding, as this could be avoided by adjusting certain aspects linked to the employment contracts of the people who form part of the workforce, the truth is that on certain occasions this is not possible. However, […]
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