Labor
The company is not responsible for all work-related accidents
Not every accident occurring at work or related to work is considered a work-related accident under Spanish law. Specifically, among other cases, an accident caused by willful misconduct or recklessness of the employee is not considered to be an accident at work, unless the recklessness is a consequence of the habitual execution of a job and derives from the trust that it inspires. It is necessary to analyze the totality of circumstances of the case at hand to determine whether the accident is work-related or not.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.CSRD: practical aspects to be borne in mind when preparing the sustainability report
In a new edition of Garrigues Sustainable Dialogs, we covered the most relevant and complex legal and technical aspects that companies should consider when drafting their sustainability report pursuant to the CSRD Directive.Kinship may be a cause for nullity of dismissal, but it is not automatic
Within the ever-growing list of causes of discrimination referred to employment relationships, we cannot forget that kinship with persons belonging to or related to the company may also be a cause of nullity of dismissal, but it does not cause such nullity automatically.China Legal Newsletter - October 2024
This newsletter highlights key recent developments in China’s laws and regulations. Specifically, it focuses on the laws and regulations related to foreign investment, market access, foreign debt administration, data economy, privacy and cybersecurity, labor and employment, life sciences and healthcare, as well as other topics.Tick tock… countdown to the entry into force of the additional solidarity contribution
On January 1, 2025, the additional solidarity contribution will come into force, by which companies and employees will have to contribute to the Social Security for the salaries that exceed the maximum contribution base established annually by the General State Budget Law.These are the new obligations for the protection and prevention of risks derived from exposure to carcinogens in the workplace
In the context of the fight against cancer in the EU, Royal Decree 612/2024 on the protection of employees from the risks related to exposure to carcinogenic agents at work has brought relevant changes such as the incorporation of protection against reprotoxic agents or the updating of the table of occupational exposure limit values and has reinforced the obligations of companies to train and inform their staff, as well as to keep documentation.The payment in installments of a severance compensation is compatible with the receipt of non-contributory unemployment benefits
The Supreme Court considers that the payment of a severance compensation in installments in progressive monthly amounts over several years through the subscription of an insurance policy is compatible with the non-contributory unemployment benefit for which, among other requirements, the recipient needs to have no income.New obligations resulting from the European directive on pay transparency that companies will have to face
In a new edition of the Sustainable Garrigues Dialogues, we discuss the main changes that the new European directive on pay transparency, approved in 2023, will entail, and how Spanish companies can prepare for its transposition.