Tag: Workers’ Statute
The company can recover the compensation paid for a post-contractual non-compete agreement declared null
When a post-contractual non-compete agreement is declared null because it does not comply with the legally established requirements, the company can, in certain cases, recover the amounts paid to the employee as consideration, because the cause that justifies it disappears. Article 21.1 of the Workers’ Statute (WS) prohibits employees from rendering services for several employers […]
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: Is the Rider’s Law the final solution to the problem?
Social partners and the Government have held negotiations in recent months in an attempt to provide a solution in labor legislation for the situation of the so-called riders. Finally, at the end of March 2021, an agreement was reached which culminated in the widely known ‘Rider Law’ passed by Royal Decree-Law 9/2021, which amends the […]