Spain: Is it possible to delay the effective compliance with a disciplinary penalty until it is upheld?

In general, disciplinary penalties relating to employment are directly fulfilled by the worker, even though they may be contested in court. However, is there an alternative formula possible in which the effective compliance with the penalty can be delayed until it is upheld, either because the worker does not contest it in court or, having […]

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Spain: Compensation for teleworking expenses is not to be included in the social security contribution base

According to the Social Security General Treasury’s Noticias RED bulletin 3/2021, compensation paid by employers to their workers for expenses linked to teleworking arrangements is to be excluded from the contribution base. Royal Decree-Law 28/2020 of September 22, 2020 on remote working was published on September 22, 2020, and later became Remote Working Law 10/2021 […]

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Data protection challenges in an employment context

Technological evolution, globalization and the use of Internet constantly raise new questions regarding how to act in situations with a potential impact on personal data protection. This is especially relevant in an employment context, in which multiple situations arise in which it becomes necessary to analyze the impact of an employer’s decisions in connection with […]

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New clues in the labyrinth of international telework

The Administrative Commission for the Coordination of Social Security Systems of the European Commission has published a guiding memorandum on international telework and the Social Security system applicable in cases in which services are provided remotely under the framework of the European Union. International telework continues to be the great unknown in our legal system, […]

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Working towards a law on human rights due diligence in an employment context

The eradication of forced child labor, the fight against discrimination at work and the protection of and respect for human rights all form part, together with other measures, such as combatting environmental impact, of the principles laid down in the UN commitment acquired in the 2030 Agenda for sustainable development, which was assumed by Spain […]

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Spain: The National Appellate Court outlines the requirements relating to teleworking agreements and the consequences of non-compliance

Distance working is proving a challenge for employers, and its implementation in practice needs to be regulated internally. A judgment of the National Appellate Court has set out the key aspects to be considered in relation to teleworking agreements. Teleworking is defined as “distance working carried out through the use, exclusively or primarily, of information, […]

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