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Spain’s New Law on Equality Accidentally Eliminates Two of the Grounds for Objective Nullity – Now What?

This entry was posted on 4 September 2024 by Anna Martí Belda

The Spanish employment law landscape has seen quite some turmoil in these summer weeks. A “technical” error in the new Law on Equality (Ley de Paridad) has eliminated two grounds for the objective, or automatic, nullity of dismissals. According to the Ministry of Equality, this error will be corrected as soon as possible, but what happens with the dismissals that may occur in the meantime, until the law is effectively rectified?

Digital Nomads in Spain: a New Migratory Phenomenon

This entry was posted on 3 March 2023 by Monika Bertram

Spain is a very attractive destination for workers of foreign companies. Accordingly, on 23 December 2022, Law 28/2022, of 21 December, on the promotion of the ecosystem of emerging companies (the “Startup Law”) entered into force, updating Law 14/2013, of 27 September, on support for entrepreneurs and their internationalisation (the “Entrepreneurs’ Law”), by including a new labour migratory phenomenon in the regulation: international remote work.

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Is the Dismissal of an Employee Who Is about to Become a Father Null and Void?

This entry was posted on 7 October 2022 by Monika Bertram

Answering this question requires a reference to Articles 53.4 and 55.5 of Spanish “Royal Legislative Decree 2/2015, of 23 October, which approves the revised text of the Workers’ Statute Law.” The Workers’ Statute regulates employer-employee relationships in Spain and determines inter alia when a dismissal is null and void, as summarised in the following:

Spain: New Labour Penalties Applicable as of 1 October 2021 & Other Updates in Labour Regulations

This entry was posted on 30 July 2021 by Monika Bertram

The approval of Law 10/2021, of 9 July, on remote working (BOE 11 July 2021), modified the First Final Provision, Article 40 of Royal Legislative-Decree 5/2000 of 4 August, which approves the consolidated text of the Law on Infractions and Penalties in Labour Matters (Ley sobre Infracciones y Sanciones en el Orden Social or “LISOS”) in such a way that the amounts of the penalties indicated below shall increase as of 1 October 2021 as follows:

Spanish Courts Put The Prohibition to Dismiss Due to Coronavirus and The Employment Safeguarding Clause to The Test

This entry was posted on 2 June 2021 by Monika Bertram

On 28 March 2020, in the midst of the state of alarm in Spain, Royal Decree-Law 9/2020 of 27 March entered into force. It adopts complementary measures in the context of employment to mitigate the effects of COVID-19. These regulations include, inter alia, in Article 2, the “prohibition” to dismiss when it is due to force majeure or economic, technical, organisational or production-related causes (ETOP) governed in Articles 22 and 23 of Royal Decree-Law 8/2020 of 17 March.

Over 50 in Spain: Will a Dismissal Be Declared Null? Companies Panicking

This entry was posted on 27 May 2021 by Patricia Rivera Almagro

If you have not heard of it yet, surely you will soon: it is none other than Ruling no. 323/2020 of 18 November, handed down by Labour Court no. 33 of Madrid. From November? Yes, despite its “age,” it has been generating discussion of late due to dismissals of workers over 50. This can be summarised in two simple and terrifying words for companies: null and void.

Key Points of the New Extension of ERTEs in Spain

This entry was posted on 27 January 2021 by Sonia Gumpert Melgosa

At the peak of the third wave, in which mainly the restaurant and trade sectors are again being hit hard by the restrictions imposed by the Autonomous Communities to try to contain the rapid expansion of the virus, and in light of the fact that currently there are more than 700,000 people in ERTEs (collective procedures for the temporary suspension of employment), the government and labour representatives/organisations passed the IV Labour Agreement in Defence of Employment on 19 January 2021.

Remote Work in Spain: Another Turning Point of the Pandemic?

This entry was posted on 29 September 2020 by Patricia Rivera Almagro

It certainly seems that way: Royal Decree-Law 28/2020, of 22 September, on remote work, has been approved. This regulation is intended to govern more completely this manner of working which until now has scarcely been governed in Article 13 of the Workers’ Statute. The passing of this regulation was prompted, despite the already existing EU regulation in this respect, by nothing less than COVID-19