Category: Employment contracts

Can an employer request a negative criminal background certificate to hire a worker in Spain?
In certain areas of business, it is an essential requirement for employment and to perform a professional activity to provide the employer with a negative criminal background certificate. This is the case, for example, in work with minors and jobs related to private security. However, is there a legal reason to refuse? Is it a […]

The Spanish Data Protection Agency offers pointers on how to protect workers’ data
The Spanish Data Protection Agency (AEPD) has published its guidelines on data protection in labor relations to help both public and private organizations adequately comply with the law in force. The guidelines are in response to questions that have arisen in the current legal framework, particularly following publication of the General Data Protection Regulation (GDPR) in […]

Company pension plans: the reform proposed by the Government
The Minister of Inclusion, Social Security and Migration, Jose Luis Escrivá, has presented what could be the most outstanding measure of the pension system reform, the possible creation of an open and collective pension fund linked to companies. The Minister stated that in the present Government’s opinion, individual pension plans are not achieving the expected […]

Telework crosses the Spanish border: how to hire workers that live in other countries?
If anything has been strengthened by the current COVID-19 pandemic, it is undoubtedly telework as a form of providing services that is not reserved exclusively for certain sectors, companies or positions. However, if we observe the phenomenon from an international perspective, the truth is that it poses a number of challenges for both companies as […]

ERTE and Christmas hampers: are they compatible?
Due to the unforeseen and unprecedented impact of COVID-19, since mid-March 2020, many workers have been affected by contract suspension or reduced working hour procedures, known as temporary collective layoff procedures or ERTEs. In this post, we analyze whether said ERTE, especially in the case of suspended contracts, can affect the receipt of a Christmas […]

Job offers: discrimination comes at a cost
Job offers by companies must avoid all possible discrimination. This not only helps to safeguard equal treatment in the organization, but also avoids possible fines. Even now in 2020, we often find job offers that do not guarantee a minimum principle of equal treatment and which are therefore discriminatory according to labor legislation: “Job vacancy […]