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Turning point in the management of disciplinary dismissals after the Supreme Court has determined the need to hear the employee first
In a recent ruling, the Supreme Court has changed its doctrine on the procedure for executing disciplinary dismissals. From now on, Spanish companies must hear the employees before notifying them of the disciplinary dismissal, except in cases in which the company cannot reasonably be required to do so. In its ruling of November 18, 2024, […]
Vade mecum of the main paid leaves in Spain
What kind of leave can employees take? How? When? In this post we present a basic guide to the main paid leaves regulated in the Workers’ Statute. These leaves can be developed, extended or enhanced through the collective bargaining agreement applicable to each company. Paid leave is an authorization by the company to employees so […]
The company can recover the compensation paid for a post-contractual non-compete agreement declared null
When a post-contractual non-compete agreement is declared null because it does not comply with the legally established requirements, the company can, in certain cases, recover the amounts paid to the employee as consideration, because the cause that justifies it disappears. Article 21.1 of the Workers’ Statute (WS) prohibits employees from rendering services for several employers […]
Kinship may be a cause for nullity of dismissal, but it is not automatic
Within the ever-growing list of causes of discrimination referred to employment relationships, we cannot forget that kinship with persons belonging to or related to the company may also be a cause of nullity of dismissal, but it does not cause such nullity automatically. Article 17.1 of the Workers’ Statute (WS) considers null and void unilateral […]
Tick tock… countdown to the entry into force of the additional solidarity contribution
On January 1, 2025, the additional solidarity contribution will come into force, by which companies and employees will have to contribute to the Social Security for the salaries that exceed the maximum contribution base established annually by the General State Budget Law. Social Security contributions, both by the company and the employee, are calculated by […]
These are the new obligations for the protection and prevention of risks derived from exposure to carcinogens in the workplace
In the context of the fight against cancer in the EU, Royal Decree 612/2024 on the protection of employees from the risks related to exposure to carcinogenic agents at work has brought relevant changes such as the incorporation of protection against reprotoxic agents or the updating of the table of occupational exposure limit values and […]