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 […]


Can a dismissal with formal defects be remedied?

Occasionally, a dismissal can be frustrated by not complying with a series of formal requirements. In such cases the labor regulations provide for some options allowing companies to rectify the dismissal and make it valid. The law and some collective agreements provide for a series of formal requirements for dismissal, whose strict compliance is essential […]

Temporary disability does not automatically declare the dismissal null and void

After a year of application of the Integral Law for equal treatment and non-discrimination, the labor courts and tribunals have made a criterion up progressively on the dismissal of employees in a situation of temporary incapacity. Law 15/2022, of 12 July, on equal treatment and non-discrimination, in force since 14 July 2022, introduced legal developments […]

Spain: The “necessary” hearing of the employee prior to his/ her disciplinary dismissal

Recently, several court rulings have been handed down on the alleged obligation to comply with the prior hearing of the worker in cases of disciplinary dismissal. These rulings may change the procedure to be followed in future dismissals. In Spain, Article 55 of the Workers’ Statute (onwards WS) provides that, if the case appears that […]

Spain: In the event of dismissals for objective reasons, at what point the worker’s legal representatives must be provided with a copy of the letter?

The Supreme Court has ruled, in a judgment of 5 July 2023 (rec. 105/2022) , the discussion as to whether the delivery of the notice to the workers’ representatives in objective dismissals must be prior to or simultaneous with the notification to the dismissed employee or whether, on the contrary, it can be made subsequently. […]

Is dismissal by email a possibility in Spain?

‘You have a new email. Subject: you have been dismissed.’ Emails of this type may be valid if it can be evidenced that the employee has received it and that this is the usual channel for communication between the parties.   The Canary Island High Court has accepted that a termination of contract notified by email […]

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