Jurisdiction: Spain

EU: Article 29 Working Party provides guidance on processing of employees’ personal data at work

Modern technology enables employees to be tracked over time, across workplaces and their homes, through many different devices, such as smartphones, desktops, tablets and wearable devices. If there are inappropriate limits to the processing, and if it is not transparent, … Continue reading

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Filed under Data protection and privacy, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Spain, Jurisdiction: UK

Spain: Increase in the basis used to calculate the severance payment for dismissal

On 3 May 2017, the Spanish Supreme Court (the “Supreme Court”) issued a judgment in which it declared that employer’s contributions to (i) medical insurance policies; (ii) life insurance policies; and (iii) pension plans, should be treated in the same way … Continue reading

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Filed under Jurisdiction: Spain, Redundancy, Remuneration (including bonus and incentive plans), Termination of employment

Updated HSF multi-jurisdictional guide to employee issues in business transfers

Employment law issues rarely determine the strategy for a multi-jurisdictional business acquisition, but they can certainly give rise to significant avoidable costs and delay if issues are not spotted in advance. In the Herbert Smith Freehills 2016 global survey, 57% … Continue reading

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Filed under Business sales/transfers, International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Africa, Jurisdiction: Asia, Jurisdiction: Australia, Jurisdiction: Cross-border, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Middle East, Jurisdiction: Russia, Jurisdiction: Spain, Jurisdiction: The Americas, Jurisdiction: UK

UK: HSF Global Guide to Whistleblowing

Herbert Smith Freehills has published the first edition of a Global Guide to Whistleblowing, providing a quick reference guide to the law and culture around employees 'blowing the whistle' in 40 key jurisdictions covering in EMEA, the Americas and Asia … Continue reading

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Filed under Jurisdiction: Africa, Jurisdiction: Asia, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Middle East, Jurisdiction: Russia, Jurisdiction: Spain, Jurisdiction: The Americas, Jurisdiction: UK, Resources, Whistleblowing

Spain: Consolidation of labour law

On 23 October 2015, the Spanish Council of Ministers approved Legislative Royal Decree 2/2015, of 23 October, which approves the amended Spanish Workers' Statute. The Royal Decree is fully in force to the extent that it brings together provisions that … Continue reading

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Filed under Jurisdiction: Spain

Updated HSF multi-jurisdictional guide to employee issues in business transfers

We have recently updated our multi-jurisdictional guide discussing potential employee issues in business transfers (first published in October 2013). The second edition reflects the law as at February 2015. The guide is a quick reference tool covering the key legal … Continue reading

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Filed under Business sales/transfers, International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Africa, Jurisdiction: Asia, Jurisdiction: Australia, Jurisdiction: Cross-border, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Middle East, Jurisdiction: Russia, Jurisdiction: Spain, Jurisdiction: The Americas, Jurisdiction: UK

Spain: Expired collective bargaining agreement may remain applicable

The Spanish Supreme Court's judgment of 22 December 2014 has recently been published, establishing binding legal precedent with regard to the extended application of collective bargaining agreements (known as ultractividad) and the impact on employment relationships of the expiry of a … Continue reading

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Filed under Jurisdiction: Spain, Terms of employment contracts

Spain: New legislation to promote employment

In December 2014 the Spanish Government approved the Royal Decree-Law 16/2014, which regulates the Special Program for Employment Activation. The main aims of this legislation are to : facilitate increased employment rates through employment policies; encourage the employer's maintenance of … Continue reading

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Filed under Jurisdiction: Spain, Terms of employment contracts

Spain: 2012 Labour Market Reform declared constitutional

In a judgment dated 16 July 2014, the Spanish Constitutional Court rejected, by a large majority, an appeal lodged by the Parliament of Navarra in which it requested that three provisions of the 2012 Labour Market Reform be declared unconstitutional. … Continue reading

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Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: Spain, Termination of employment

Spain: Bill amending Personal Income Tax and other tax regulations

A Bill published in the Spanish Official Gazette on 20 June 2014 is currently being negotiated and discussed by Spanish Congress. The Bill will amend certain provisions applicable to Spanish Personal Income Tax, the most significant for this newsletter being … Continue reading

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Filed under Jurisdiction: Spain, Remuneration (including bonus and incentive plans)