Author Archive

Mariscal & Abogados Abogados

Mariscal & Abogados is an international law firm with a multidisciplinary approach based in the capital centre of Spain, Madrid.

Objective Dismissals in Spain: Dismissal for Organizational Reasons

The Spanish Labour Legislation contains a number of grounds for objective dismissal, and among these is the category of dismissals for economic, organizational, technical, and production reasons. These reasons are the same as the Spanish Legislation granted for collective redundancies, differing only in the number of workers affected by the termination of their employment contracts. This number must be less than the threshold of dismissals that determines the application of the regulations of collective dismissals.

Penalty System of the Spanish Law on Protection of Personal Information

The correct treatment of the Personal Information must be a priority for those responsible for the files and those in charge of handling this Information given that the Organic Law 15/1999, of December 13 on the Protection of Personal Information ( “LOPD”) establishes a strict penalty regime for for public administrations.

Implementation of the Consumer Rights Directive in Spain

In Spain, local laws are implementing the Consumer Rights Directive (“Directive”).  The Spanish Laws on consumer protection and information (“La Ley General para la Defensa de los Consumidores y Usarios” (“LGDCU”) and “La Ley de Servicios de la Sociedad de la Informacion” (“LSSI”)) include articles to enforce this Directive.  They provide the duties of businesses regarding the enforcement of law and detail the consequences of breaching the Law.

Renting: Another Option for Investment for Foreign Nationals in Spain

Act 14/2013 on Support to Entrepreneurs and Internationalization (the “Act”) became effective on September 28, 2013. The Act gives foreign investors the opportunity to live in Spain. Obtaining this residence permit is very advantageous for non-European citizens, and this permit allows them to circulate freely in Member States of the Schengen Area for three months within a maximum period of six months. Additionally, it offers the possibility for the foreign investor’s spouse and minor (under 18) or incapacitated children to obtain the same permit.

Legal Remedies When Facing an Unfair Dismissal Ruling in Spain

In this article, we discuss the type of legal procedure a company in Spain can use when a court’s decision qualifying a dismissal as unfair has damaged a company.

As covered in a previous article, when the Judge of Social Affairs rules in favour of the worker, thus qualifying the dismissal as unfair, the company that contests this decision and does not wish to reinstate the worker must:

  • Notify in a five-day period its intention NOT to reinstate the worker.  In the event the worker concerned is the workers’ representative, the worker will adopt this decision and not the company.
  • File an appeal.