Category: Employment contracts
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 […]
The necessary distinction between interns and workers
In 2019 we have witnessed intense inspection activity to monitor the presence in companies of what are called “non-employee trainees”, colloquially known as interns. The new Government, according to the program of the so-called “Progressive Coalition”, envisages the creation of a new intern’s statute (so that this concept serves excessively training purposes, and establishing a […]
The courts continue to fight the excessive use of temporary contracts
Temporary contracts are in the cross hairs. The adaptation of Spanish law to European Union (EU) legislation in this area is a matter that has been ruled on in recent years by the Court of Justice of the European Union (CJEU) which, by answering the questions referred to it for preliminary rulings, is having a […]
The prohibition on competition must be in line with the duration of the employment contract
A Catalonia High Court judgment has deemed that the post-contractual noncompete undertaking cannot exceed the duration of the employee’s contract. The ban on employees competing with their employers during the term of their employment relationship is imposed by law. However, it is also possible to limit competition following the termination of the employment contract. To […]