In Spain, bonuses are salary supplements as defined in Article 26.3 of the Workers’ Statute (Estatuto de los Trabajadores). This remuneration scheme is based on the company’s performance or on the employee achieving certain objectives. At the outset, the company should set requirements that entitle an employee to receiving a bonus.
In practically all proceedings in Spain with a foreign element (basically those in which one of the opponents is a national of a non-Spanish-speaking state) at least part of the written evidence to the lawsuit is written in a language other than Spanish (contracts, invoices, correspondence, etc.). In this sense, Article 144.1 of the Civil Procedure Act (CPA) states that Any document worded in a language other than Spanish or, as appropriate, the official language of the Regional Authority in question shall have a translation of such document attached thereto.
In Spain, there is a national register for the protection of intellectual property (Registro de la Propiedad Intelectual) which is part of the Spanish Ministry of Education, Culture and Sports. Registration in this register constitutes proof of a creator’s paternity on his work. That is to say, when a work is created in Spain, it can be submitted to the register to ensure its protection. However, this registration is not mandatory since the work is protected by the mere fact of its creation, provided that it is original.
By virtue of articles L3171-4 of the French labour code, In the case of a dispute relating to the existence or the number of extra hours worked, the business owner will provide the judge the elements that can justify the actual hours of the worker.
Directives 2001/29/EC of May 22, 2001 and 2006/CE of December 12, 2006 have harmonized copyright legislation in force within the European Union. The applicable law in Spain is Law 1/1996 of April 12, 1996, amended by the Law of July 7, 2006. As a result of the harmonization, the Spanish copyright legislation is almost identical to that of other European countries. Moreover, through the various agreements concluded between the countries, the works of foreign creators are protected in all the European countries.
The Spanish insolvency arena is witnessing an unprecedented review of amendments to Spanish Law 22/2003 on Insolvency Proceedings (the “Spanish Insolvency Law”) to solve technical problems and to facilitate the continuity of economically or operationally viable companies.
It is necessary to take a closer look at articles 11 and 15 of the Workers’ Statute in order to consider the main temporary contracts in Spain.
The ‘monitorio’ procedure is one of the instruments introduced with the passing of the Civil Proceedings Law in Spain (CPL) to strengthen the protection of credit. Articles 812 to 818 of the aforementioned legal document regulate this procedure. It is a quick and easy way to reclaim monetary debts.
To do this, we must first analyse the necessary conditions to make and/or use the declaration of heirs.
Commonly, a testator draws up a will before his death- conforming to the legal parameters set by statute- in which he expresses his last wish. However, what happens if the testator did not draw up a will before his death or once the will is declared invalid or has lost its validity? It is in these cases when we must make use of the declaration of heirs.
The collective agreement (as defined in Title III of the Workers’ Statute Collective bargaining and Collective agreements) is an instrument to regulate the workplace, since the representatives of both employees and employers negotiate the rights and duties contained in the agreement.
