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Linking the payment of an earned bonus to the fact that the employee shall remain in the company at the time of the payment is null and void if such condition was not part of the objectives to be achieved in order to earn the bonus because, otherwise, it would be an unjust enrichment of the company because it is not paying an already earned bonus. Spanish Supreme Court 4/5/22.

A trade union offering a hotel voucher of EUR 100 as a “souvenir” of the election day to its participating members constitutes a breach of the freedom of association of the other trade unions because the trade union in question was indirectly asking to vote in favor of its members “in exchange of this voucher” (an action prohibited in the general elections in Spain). The trade union was sentenced to pay the other trade union damages in the amount of EUR 3,000 (instead of the claimed EUR 25,000) because out of the 15,000 members only 200 got the voucher and the results of the election were similar to those in previous years, so the breach did not have a serious impact on the result. Spanish SCJ Nov 10, 2021.

Have you heard about the new labor reform in Spain? Do you want to discover what is new? Read more to know all details of the new employment conditions in Spain: new fixed-term contracts, new temporary layoff schemes, major changes in conditions ruled by company CBAs and much more! This new regulation comes into force December 31, 2021 but there are some exceptions.