Category: Case law / legal theory
The payment in installments of a severance compensation is compatible with the receipt of non-contributory unemployment benefits
The Supreme Court considers that the payment of a severance compensation in installments in progressive monthly amounts over several years through the subscription of an insurance policy is compatible with the non-contributory unemployment benefit for which, among other requirements, the recipient needs to have no income. It is not unusual for companies and employees to […]
Summer mix 2024: A refresher on five hits of employment law
Providing services in high temperatures, working remotely in the summer or during school summer vacation, appropriate clothing for working in summer or digital disconnection are some of the big issues that arise in companies at this time of year. On the hottest days of the year, on the eve of the central weeks of summer […]
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 […]
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 […]
Personal days: keys to determining whether they are recoverable days and whether they are to be included for calculating fulfillment of the maximum annual working hours
In order to know how personal days should be treated at each organization, it is essential to check how they are defined in the collective labor agreement and look at the company’s standard practice. We often come across collective labor agreements that contain the worker’s right to take so-called discretionary days off, also known as […]
Can COVID-19 be considered a stigmatized illness for characterization of a dismissal in Spain?
The court judgments that have ruled so far on the characterization of dismissals due to reasons related to COVID-19 -of which a few were described in our October 1, 2020 post-, have done so by interpreting the “dismissal ban” contained in article 2 of Royal Decree-Law 9/2020, which has been extended to remain in effect […]