Author: Daniel Díez Monge
Is a worker who has taken voluntary leave of absence entitled to extend its term when it comes to an end?
There are number of points which an employee must decide upon when requesting a voluntary leave of absence; the duration of such arrangement is one of them. Once a leave of absence of a fixed term has been requested, is the company under the obligation to agree to its extension at the employee’s request? We […]
Total or absolute permanent disability automatically terminates employment contracts
The Supreme Court has clarified that the decision handed down by the body that declares the total or absolute permanent disability of an employee is sufficient to terminate the employment contract without the need for any other formalities. Article 49.1.e) of the Workers’ Statute provides that a declaration of total or absolute permanent disability of […]
Spain: The Social Security opens the door to a flat rate for corporate self-employed individuals
Since the entry into force of the Law on Urgent Reforms for Self-employed Individuals, the Social Security has continuously refused access to so-called “corporate self-employed individuals” to a “flat rate”. Three years after the publication of the Law, it now includes them in the scope of application of the benefit, accepting the interpretation of the […]
Compulsory medical examinations cannot be replaced by other compulsory check-ups
The Supreme Court has reiterated its case law regarding compulsory medical examinations at work, also pointing out that, when these are compulsory, they cannot be replaced by other kinds of controls performed outside the company and the employment activity. The judgment ratifies the compulsory nature of worker medical examinations, in this case in the passenger transport […]
Self-employment and retirement pensions: the uncertainty grows
The Law on urgent self-employment reforms brought with it the possibility for self-employed workers to take advantage of a new form of active retirement, which enables them to continue to work on a self-employed basis and receive their entire pension. However, one year down the line, there are still many doubts surrounding this possibility. Law […]