Spain – The overlap of the weekly rest, does it entitle to benefit from an additional day off?

The answer to this question depends on the regulation of the collective bargaining agreement and the company’s practice on scheduling weekly rests. The setting of the right to rest of employees creates regular disputes and there are multiple judicial decisions that interpret differently the regulations of this right. The labor courts start from the different […]

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Dividends will increase the contribution for self-employed business owners

Self-employed business owners are entitled to compute the income resulting from participation in equity capital for the calculation of annual income, which, in practice, it implies an increase in the self-employed business owner’s contribution, under the new contribution system applicable to them in force since 2023. On January 1, 2023, the reform introduced by Royal […]

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Force majeure temporary layoff in Spain: labor solution before a cyberattack?

A judgment by the National High Court opened up the possibility of applying a temporary layoff file as a company is compromised by a hack and cannot go on with its activity as usual. On March 9, 2021, a routine morning at Spain’s State Public Employment Service (SEPE) turned into a day of chaos and […]

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The dismissed workers’ legal representative loses this status as the judgment is being resolved

A judgment handed down by the Labor Chamber of the Supreme Court has declared that the status of workers’ representative cannot be exercised from the time of the disciplinary dismissal until the court ruling is handed down. This does not violate the provisions of article 67.3 of the Workers’ Statute regarding the duration of the […]

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Spain: This is how the breastfeeding leave will be after the entry into force of Royal Decree-law 7/2023

The recently approved regulation (*) eliminates the need of a collective bargaining or individual agreement with the company when approving the accumulation of breastfeeding leave but does not change anything in terms of the duration of this leave. In the era of clickbait – in Spanish, according to the RAE, cyberhook, cyberbait or clickcatcher – […]

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Must the company pay the overtime claimed if there is no record of working hours?

The majority opinion of the labor courts determines that the employer’s breach to comply with the obligation to record working hours presume the performance of overtime if evidence is provided by the employee. Traditional case law on overtime required the employee to prove the performance of all the overtime claimed, demanding strict and detailed proof […]

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