Press Room

ILO Termination of Employment Convention (1982) can be directly applied because i) Spain ratified it in 1985, ii) art. 96.1 of the Spanish Constitution introduces ratified international treaties into our legal system, and iii) art. 7 of the Convention is complete enough not needing any additional enforcement rules to be applied. Art. 7 requires that before the employment termination of a worker related to their conduct or performance, they must be provided with the opportunity to defend themselves from the allegations made, unless the employer cannot reasonably be expected to provide this opportunity. Until yesterday, companies where not obliged to grant this prior hearing to the employees because the Supreme Court’s own jurisprudence held that this was not necessary, but, with this new ruling, Supreme Court’s doctrine has been modified and, from now on, this prior hearing would be required and, may it not be complied, the dismissals will be considered unfair. Spanish Supreme Court 11/18/24

Some of the most important measures related to employment law and Social Security (SS) published today to support companies affected by the DANA (heavy rains) are the following: 100% exemption from the employer's contribution to the SS for the period from November 2024 to February 2025 in the case that the company applies an ERTE (temporary employment suspension) due to force majeure. Postponement on the payment of Social Security contributions due between October 2024 and January 2025, as long as the companies maintain their activity, do not have other postponements in effect, and are up-to-date with their obligations with Social Security. The deadline for paying Social Security contributions accrued in September 2024 will be extended by 1 month. Temporary sick leave for workers affected by the DANA will be considered situations equivalent to a work-related accident (on the day of sick leave, the company will cover 100% of the salary, and from the day after the sick leave onward, workers will receive a pension equivalent to 75% of their regular contribution base, with the payment assumed by the Mutua - insurance company). Benefits for permanent disability, death, and survivors will also be considered as situations equivalent to a work-related accident if the cause is linked to the DANA. Monthly benefits for minimum vital income, retirement pensions, and disability pensions will be increased by 15% between November 2024 and January 2025, both included. No paid leave is foreseen. For more details, check out the Royal Decree-Law 6/2024, of November 5 in "Read More."