Archive For 31 August, 2022

The full new Act 15 of 12 July 2022 on equal opportunities and non-discrimination also contains important new aspects that affect the labour field

The full new Act 15 of 12 July 2022 on equal opportunities and non-discrimination also contains important new aspects that affect the labour field

On 14 July 2022, the new law came into force, the main object of which is to prevent, deal with and eliminate any possible channel of discrimination in Spain. Moreover, as could not be otherwise, several of its provisions are directly applicable to the labour field, as we specify and briefly explain below:   Act…


Read more »

The worker’s right to receive a supplement does not expire 9 years later, only the claim for the amounts payable but not received or demanded expires: Judgement of the Supreme Court of 13-06-2022

The worker’s right to receive a supplement does not expire 9 years later, only the claim for the amounts payable but not received or demanded expires: Judgement of the Supreme Court of 13-06-2022

Among the aspects regulated in Article 41 of the Spanish Labour Relations Act (“ET”) on significant changes in working conditions are the remuneration system and the amount of the salary.   For such purpose, eliminating or reducing a salary supplement, even more so when it consists of a reduction to half the amount planned in…


Read more »

Can the compensation payable in the case of termination of a senior executive, judicially ruled as an ordinary worker, be offset?

Can the compensation payable in the case of termination of a senior executive, judicially ruled as an ordinary worker, be offset?

Article 2.1 a) of the Spanish Labour Relations Act considers a special labour relationship as that of senior management staff not included in Article 1.3 c) of the same regulation and therefore it has its own system by virtue of which the ordinary rules of the other workers are not imposed. However, we can very…


Read more »

How do we defend ourselves against an overtime lawsuit?

How do we defend ourselves against an overtime lawsuit?

An employee has filed a legal claim with no grounds against my company, petitioning payment of the salary differences for working overtime. What options do I have available to be able to defend my interests in the courts? Could the worker’s claim simply be successful, if I have not implemented a daily record system of…


Read more »

A further clarification on the possibility of employees to receive their extra payments proportionally if the collective bargaining agreement prohibits this.

A further clarification on the possibility of employees to receive their extra payments proportionally if the collective bargaining agreement prohibits this.

Regarding employees proportionally receiving their extra payments, the Collective Bargaining Agreement applicable to my company includes a prohibition for these extra payments to be received proportionally over the twelve months of the year.   However, there are workers in the company who have always received such payments this way. Can my employees continue receiving these…


Read more »