Press Room

Introducing into evidence images obtained by video surveillance cameras is valid even without having previously and expressly informed the employee of their installation for work monitoring purposes because i) the employee had made irregular cash movements which triggered the internal fraud control (sufficient suspicions) and ii) they knew there were cameras, because they were located in the working area with the corresponding informative sign. Additionally, i) the measure was necessary, because there were no other less restrictive means to protect privacy without warning the employee, which would have made the action of the company useless and, ii) if any client is aware that the surveillance system may be used against them, any employee must be aware as well. Supreme Court 1/14/25

Starting today, employees (donors) will be entitled to a paid leave for medical procedures/checkups prior to organ or tissue donation during working hours, for the necessary time (new article 37.3 g) of the Spanish Employment Act). Spain is the world leader in organ and tissue donation (Newsletter Transplant 2024 - Council of Europe).

The minimum salary is increased by 4.41%, rising to €1,184 gross per month (14 payments), which amounts to an annual gross salary of €16,576. This increase is applicable retroactively from January 1, 2025. Royal Decree 87/2025, of February 11.

Spain is required to adopt the necessary measures to ensure daily/weekly rest periods, maximum working hours, and paid annual leave (Articles 3, 5, and 6 of EU Directive 2003/88 and Article 31.2 of the Charter of Fundamental Rights of the European Union), including the employer’s obligation to establish a working time record (CJEU judgment of 14/05/19). It is not possible to provide for an exception to this obligation for domestic employers, as: (i) it would render the obligation meaningless since no alternative means are proposed to guarantee these rights; and (ii) it would constitute indirect discrimination because (a) domestic workers are predominantly women, and (b) there is no objective factor that justifies such differential treatment in pursuit of a higher legitimate public interest. CJEU 12/19/2024

From April 3, 2025, the employee who has requested or is currently enjoying i) flexible working hours for work-life balance (article 34.8 of the Workers' Statute [WS]) or ii) a paid leave for accident/serious illness, hospitalization or surgery of a family member according to article 37.3 b) of WS, will again be protected against a termination without serious grounds or with formal mistakes, and the termination will be automatically declared null and void. In addition, the employee will be entitled to terminate his contract based on a breach of contract by the employer, having the right to the severance compensation corresponding to unfair terminations, when, among other reasons, the company a) pays the salary more than 15 days late within 6 months, or b) owes the employee 3 months of salary within 1 year (not necessarily consecutively in both cases).