On 1 March 2019, the Royal Decree on urgent measures to guarantee equal opportunities for women and men in employment and occupation was published. The new Royal Decree introduces a novelty in paid leaves for birth and adoption
On the 12 March 2019, Royal Decree Law 8/2019 on urgent measures of social protection and fight against job precariousness in the working day was published. This resolution modifies article 34 of the Workers’ Statute and incorporates the obligation for companies to elaborate and apply a control on the registration of the working day
The Spanish Government has recently approved Instructions to authorize the right to reside and work in Spain for UK’s national members who have been residing in Spain before the withdrawal date. These Instructions will only be applicable if UK leaves the EU without a withdrawal agreement and its effects will begin on the withdrawal date
Even in the era of far-reaching international trade agreements and regional economic and political partnerships, the majority of laws and regulations governing the workplace are still determined by the individual countries where employees work.
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Until now, only companies with more than 250 employees were required to elaborate Equality Plans. After the entry into force of Royal Decree-Law 6/2019, the regulation has been modified in order to extend the obligation to elaborate equality plans to companies with more than 50 employees
Even though it did not happen in the workplace, the Supreme Court considers, as a Labour Accident, the fall of an employee when she went outside of the workplace to have a coffee during her “sandwich break”
The Supreme Court has declared that access to employees’ mail without their consent and without having been previously advised implies fundamental rights violation
The Supreme Court has declared that the reasons for a collective dismissal can not be reviewed in individual lawsuits, when the Consultation Period has ended with an agreement between the company and the Employee’s Comitee, and when the agreement has not been challenged.
The High Court of Justice of Cantabria states that the leave of 15 days by marriage only requires prior notice and justification, but in no case, it is needed the company’s authorization. Therefore, as the absence were justified, dismissal is declared unfair.
The National High Court, interpreting the jurisprudence of the Supreme Court on family paid leaves, considers that, with the exception of the marriage paid leave (long paid leave), all others (short paid leave) must begin on a work day, and in the calculation they should only be taking into consideration working days. Conversely, the marriage leave must be calculated for calendar days