Category: Labour Law
It is increasingly common for our clients to seek legal advice in relation to corporate restructuring operations, such as mergers, demergers, absorptions, carve-outs and/or internal reorganisations. These operations form part of the growth, efficiency or market adaptation strategy of many companies. However, a significant mistake is often made: analysing these decisions solely from a financial, […]
Read article
The Supreme Court of Spain clarifies dismissal on […] The Supreme Court of Spain clarifies dismissal on the grounds of absenteeism: how are the time limits for unjustified ab […]
The management and monitoring of unjustified absences is one of the constant challenges faced by Human Resources departments. Until now, there has been legal uncertainty as to how to calculate the periods of “one month” or “three months” typically established in collective agreements for proceeding with disciplinary dismissal on the grounds of absence or dismissal […]
Read article
Permanent incapacity and professional sport Permanent incapacity and professional sport
The end of a sporting career may entail a lifelong permanent incapacity pension: a key judgment The careers of professional athletes, short but intense, characterised by extremely high and constant physical and mental demands, often mean that a considerable proportion of them end their careers, sooner or later, due to injuries and/or physical limitations. When […]
Read article
Reduction of incentive payments during temporary d […] Reduction of incentive payments during temporary disability: limits established by the Supreme Court Judgment of 16 Janu […]
The linking of variable remuneration to the achievement of targets or to effective attendance has traditionally been used as a tool to incentivise productivity and reduce workplace absenteeism arising from causes such as temporary disability for work. On the basis that combating absenteeism constitutes a legitimate aim of employment policy — as stated by the […]
Read article
Directors’ remuneration: key legal considerations […] Directors’ remuneration: key legal considerations and risks
The remuneration of company directors is a recurring issue in Spanish corporate law, owing to the constant evolution it has undergone as a result of the various interpretations adopted by the Supreme Court. For unlisted companies, which constitute the majority of the Spanish business fabric, the existence of an improperly structured remuneration system may give […]
Read article
Can companies dismiss employees due to the impleme […] Can companies dismiss employees due to the implementation of Artificial Intelligence (AI)?
The emergence of artificial intelligence (AI) in the business environment is generating profound transformations in production models and work organisation. Advanced automation tools are enabling many companies to optimise processes, reduce costs and improve operational efficiency. Against this backdrop, a key labour-law question arises: can the implementation of artificial intelligence justify an objective dismissal? The […]
Read article
What labour law developments should companies revi […] What labour law developments should companies review in 2026?
The new year has begun, and we would like to take this opportunity to inform and warn companies about those labour law developments in respect of which we recommend carrying out a review and forward planning, given that they will be subject to increased scrutiny by the Labour and Social Security Inspectorate (Inspección de Trabajo y Seguridad […]
Read article
Digital disconnection: the protocol that all compa […] Digital disconnection: the protocol that all companies must implement
Occupational risk prevention (ORP) is one of the critical pillars of personnel management in any company, particularly due to the potential liabilities arising from non-compliance in this area. Within psychosocial risks, digital disconnection has gained increasing prominence because of its direct impact on occupational health and the monitoring of working time. In previous articles we […]
Read article
Chain subcontracting in construction: real risks a […] Chain subcontracting in construction: real risks and current criteria of the Labor Inspectorate (ITSS)
Chain subcontracting is a common practice and, in many cases, necessary for carrying out complex projects in the construction sector. However, it is also one of the main sources of penalties, work stoppages, and joint liability arising from actions by the Labor and Social Security Inspectorate (ITSS). In this analysis we address the real risks […]
Read article
Key considerations for business in light of the La […] Key considerations for business in light of the Labour Inspectorate’s Strategic Plan 2025-2027
Understanding the new Strategic Plan of the Labour and Social Security Inspectorate 2025-2027 The recent publication of the Strategic Plan of the Labour and Social Security Inspectorate (ITSS) for 2025–2027 marks the start of a new cycle of inspection activity characterised by digitalisation, large-scale data analysis, and increased specialisation in specific sectors and organisational models. […]
Read article
The criminal liability of family-owned SMEs in emp […] The criminal liability of family-owned SMEs in employment matters: the hidden risk behind a workplace accident
The culture of prevention in family-owned SMEs In many family-run small and medium-sized enterprises (SMEs), the culture of prevention relies more on trust than on formal protocols. “Here, everyone knows what needs to be done” However, when a serious workplace accident occurs, that trust carries little weight: what matters before a judge is not what […]
Read article
Upcoming developments in working time recording Upcoming developments in working time recording
Following the failure to approve the reduction of the standard working week to 37.5 hours, the Ministry of Labour and Social Economy has initiated the urgent processing of a new Royal Decree to regulate working time recording, which is expected to be approved at the next meeting of the Council of Ministers. This new Royal […]
Read article
Is it possible to pay wages in cryptocurrencies in Spain? Cryptocurrencies are booming and, unsurprisingly, we have already discussed them in this blog in articles such as this one on cryptocurrencies and Transfer Tax, and this one on their taxation under Corporate Income Tax. Today we address a question increasingly present in business debates: can […]
Read article
Social Security and employment contingencies in th […] Social Security and employment contingencies in the transport sector: What companies must anticipate
The transport sector is a cornerstone of the Spanish economy, but it is also one of the sectors that accumulates the most employment-related disputes and Social Security issues. For medium-sized companies —fleets, logistics operators, or specialised carriers— these employment contingencies are not mere formalities: they can translate into penalties, additional costs, and litigation. This article […]
Read article
Posted Workers in the EU: guaranteed rights and em […] Posted Workers in the EU: guaranteed rights and employer obligations
An increasing number of Spanish companies are entering into service provision contracts in other Member States of the European Union, thereby raising the number of posted workers within the EU. This practice involves the temporary secondment of employees to carry out services in the host country. Although the employment relationship continues to be governed by […]
Read article
New extension of parental leave: from 16 to 19 wee […] New extension of parental leave: from 16 to 19 weeks, with specific rules for single-parent families
At the end of July, Royal Decree-law 9/2025 entered into force, amending sections 4 and 5 of Article 48 of the Workers’ Statute. With this reform, parental leave increases from 16 to 19 paid weeks per parent, and in the case of single-parent families, the leave extends up to 32 weeks. This measure adds three […]
Read article
Sexual harassment at work: corporate civil liabili […] Sexual harassment at work: corporate civil liability and internal prevention
What is sexual harassment at work under the Criminal Code? Article 184 of the Spanish Criminal Code provides that anyone who solicits sexual favours, for themselves or for a third party, within the framework of an employment relationship and thereby creates for the victim an objectively and seriously intimidating, hostile or humiliating situation, shall be […]
Read article
The importance of specialist advice in facing empl […] The importance of specialist advice in facing employment law challenges from September
After the summer, it is often a particularly opportune time for businesses to strengthen their internal analysis, carefully review their current situation, take a rigorous balance of progress made throughout the year, and prepare in advance to successfully address the employment challenges that arise both in the final quarter and in the following financial year. […]
Read article
Key employment issues for companies in the hotel s […] Key employment issues for companies in the hotel sector
The hotel sector is one of the main economic drivers in Spain and is expected to continue growing significantly due to the expansion and strengthening of the tourism industry. However, this sector has traditionally been one of the most contentious from a labour and legal perspective, presenting major challenges for hotel companies and their HR […]
Read article
Internal labour audit: identify risks before inspe […] Internal labour audit: identify risks before inspection and increase your company’s value
In a climate of increased regulatory pressure and a growing number of corporate transactions, the internal labour audit has become an essential tool for middle-market companies. It’s not just about avoiding fines—it’s about safeguarding business value, improving processes, and strengthening the confidence of investors or potential buyers. What is an internal labour audit? It is […]
Read article
Collective redundancies prior to a business transf […] Collective redundancies prior to a business transfer: key takeaways from the Supreme Court Judgment of 5 March 2025
In scenarios such as the termination of a service contract or administrative concession, it is not uncommon for the outgoing company to consider terminating its workforce contracts just before the transfer of activity, invoking collective redundancy on the grounds of an alleged cessation of operations. At first glance, this might appear to be an efficient […]
Read article
Five-day paid leave for hospitalisation of a famil […] Five-day paid leave for hospitalisation of a family member or cohabitant: key considerations for effective management
The management of 5 days’ paid leave due to hospitalisation or serious illness of a family member or partner has become a common source of doubts and incidents in the workplace. The increase in requests in recent months has led to a notable increase in labour disputes, especially after the recent National Court Ruling No. […]
Read article
Legal criteria for identifying the existence of a […] Legal criteria for identifying the existence of a business succession
A matter that we increasingly deal with at our firm involves providing legal advice on the criteria for identifying business succession and the resulting liability of the new company for outstanding debts left by its predecessor. What is business succession? Business succession is a legal concept regulated under Article 44 of the Spanish Workers’ Statute […]
Read article
Key employer obligations regarding information and […] Key employer obligations regarding information and consultation with employee legal representation
Labor relations in Spain are increasingly regulated, and one of the most underestimated risk areas for companies involves their legal obligations to inform and consult with employee legal representatives (Representación Legal de los Trabajadores or RLT). What information and consultation obligations must companies comply with? Spanish labor legislation—particularly the Workers’ Statute, the Organic Law on […]
Read article
Digital disconnection and labor reform in Spain: k […] Digital disconnection and labor reform in Spain: key aspects of the new Article 20 bis of the Workers’ Statute
The draft bill that proposes reducing the standard workweek to 37.5 hours also includes a reform of Article 20 bis of the Workers’ Statute. This reform aims to strengthen the right to digital disconnection, expanding its scope and making it a more central element in work organization—particularly in remote work and flexible scheduling contexts But […]
Read article
How does Organic Law 1/2025 impact the employment […] How does Organic Law 1/2025 impact the employment sphere?
Continuing the trend set in the previous year, the beginning of 2025 has brought with it significant developments in the field of labor law. Within this context of ongoing transformation, Organic Law 1/2025, of January 2, on measures concerning the efficiency of the Public Justice Service, emerges as a key milestone. It was published in […]
Read article
Pre-dismissal hearing in cases of disciplinary dis […] Pre-dismissal hearing in cases of disciplinary dismissal: how should it be conducted?
With the well-known Supreme Court Judgment (STS) 1250/2024 of 18 November, the legal doctrine regarding how to carry out disciplinary dismissals has changed. Since then, before proceeding with a disciplinary dismissal, the employer must offer the employee an opportunity to defend themselves against the allegations made. Obligation to hold a pre-dismissal hearing in disciplinary cases […]
Read article
Can the employer set limits on the use of trade un […] Can the employer set limits on the use of trade union time credit?
Frequently, companies ask us for advice to resolve a situation that is causing them conflict: the inadequate use of the hours corresponding to the trade union credit legally recognised for people who have been validly elected as members of the legal representation of workers, either as staff delegates or as members of the works council. […]
Read article
Main implications of the new European Union Direct […] Main implications of the new European Union Directive regulating the labour framework of digital platforms
The recent publication of Directive (EU) 2024/2831 of the European Parliament and of the Council, dated 23 October 2024, on improving working conditions in platform work, represents a step forward in the regulation of work on digital platforms.
Designed to ensure greater transparency and protection of the rights of workers serving […]
Read article
New Supreme Court ruling: impact on compensation f […] New Supreme Court ruling: impact on compensation for wrongful dismissal
A key ruling for companies regarding compensation for unfair dismissal The Supreme Court has recently issued Ruling no. 1350/2024 of 19 December 2024, in which it addresses the possibility for judicial bodies to establish compensation for unfair dismissal higher than that provided for in Article 56.1 of the Workers’ Statute (ET). What does the law […]
Read article