Press Room

The Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 has been finally transposed in Spain. Do you want to implement your reporting channel in Spain? Do you want to know how are the whistleblowers protected in Spain? Click on read more.

The annual minimum salary in Spain increases an 8% up to EUR 15,120, effective as of January 1, 2023.

Fair disciplinary dismissal of an in-house counsel who refused to file a complaint against a company despite the 2 requests of his employer. It is a culpable breach (the fact that he refused because he did not make enough money is not a justification) and serious enough to terminate the contract because the company lost its trust in his lawyer, as the latter did not comply with the due professional diligence. Appellate Court of Andalusia 14/12/21

A post-contractual non-compete clause that provides the possibility for the company not to apply it when the contract is terminated or within a few days after its termination, is a valid clause because i) its enforcement is not being left to the discretion of one of the contracting parties (art. 1256 of the Spanish Civil Code); the company is choosing the option not to apply it in accordance with the contract (furthermore it is reasonable that the company decides to do so, at the time of termination on the basis of the commercial damage that the employee's further activity could cause to the company at that time) and ii) it is not abusive because the employee also voluntarily left the company. Appellate Court of Madrid 25/4/2022.

Health check-ups at work must be done during working hours or, if performed at another time, they must be considered as effective working time because the company has the obligation to ensure the periodic monitoring of employees’ health and cannot allocate the cost of complying with this obligation to the employee. Spanish Supreme Court 11/5/22.