A change of workplace to another location without requiring a change of residence of the employee is within the ius variandi of the company. The court determined that in order for the transfer to be a substantial modification and give rise to the possible voluntary termination of the contract by the employee, it inevitably requires […]
According to the judgment of the Constitutional Court of 12 July 2021 (writ of amparo 5508-2018) an individual employee may challenge the business reasons for a collective dismissal, a situation that until now was not previously considered, when there is an agreement within the consultation period. In this particular case, a group of employees were […]
A clause on variable remuneration, which is based on the objectives achieved on 31 December each year and that requires the worker to remain in the company on that date, is declared valid. This way, if the worker leaves the company voluntarily, the fact of denying the variable payment is not solely a decision of the company and neither does it produce unjust enrichment for the company. Furthermore, the worker’s right to receive the agreed remuneration is not infringed.
The Spanish government has recently enacted a new legal text regulating remote work, (Royal Decree Law 28/2020, of 22 September). This new regulation foresees a series of obligations and rights, recognised to both companies and employees, regarding flexible working hours, IT systems and data protection, among others. According to the new Royal Decree Law 28/2020 […]
When does the “dies a quo” begin in order to calculate the term of the dismissal action, in case the company notifies the dismissal letter via burofax.
The Supreme Court declares that the enjoyment of marriage leave must begin on the first working day following the bank holiday on which the event occurred, since it recognizes the right to be absent from work being entitled to remuneration.
The outbreak of coronavirus disease, officially named COVID-19, was first detected in Wuhan (China) on December 31, 2019. As the outbreak continues to spread outside China, on January 30, 2020, it has been declared as a global emergency concern by the World Health Organization. The Covid-19 has already affected Europe and is creating challenging situations […]
Labour and tax planning allows companies, resident in Spain, and their employees to promote internationalisation and competitiveness abroad. In this sense, the Spanish tax system allows companies to promote Specific Remuneration Plans for those employees who travel abroad in exchange of tax benefits
The Supreme Court of Spain has ruled that paid leave in case of marriage, as provided for in the relevant collective agreement, cannot be applied to situations of common law partners or to other models of continuous familial cohabitation. The difference in treatment does not violate the principle of equality, as it deals with different realities which are not equivalent
The Supreme Court determined that salary complements should be included, together with the base salary, as computable concepts in order to calculate the payroll during the holiday period