News
CEO remuneration
If the CEO is paid, legal requirements must be met. When in joint stock companies or limited liability companies the administrative body - which represents and manages the company - is organised through a Board of Directors, decisions are taken jointly at Board...
Online services. Website closure
The administration can prevent the sale of illegal medicines but needs judicial authorisation to cease offering advice. On the basis of the protection of public health, the Administration can decide on its own, without the need for judicial authorisation, to stop the...
Fixing “unemployment papers” can be costly.
If an employee asks you to "fix his unemployment", can you fire him, and what are the risks involved? It is a well-known practice whereby an employee informs the company of his resignation, but asks the company to "fix his unemployment papers" - i.e. to carry out an...
Dividend distribution rules
If there is no equity imbalance and reserves and preferential payments are covered, dividends can be distributed. When a company makes a profit at the end of the financial year, it is logical that the shareholders will want to distribute these profits as dividends. In...
You can reduce the amount of the penalty
Fines from the Labour Inspectorate can be reduced by up to 40% if certain requirements are met. The Labour Inspectorate may issue infringement reports and impose penalties for breaches of regulations on labour relations, social security or occupational risk...
Anticipating insolvency: the restructuring plan
Do you know that you can now negotiate your next maturities while you are still solvent? Until now, the law only allowed access to pre-insolvency proceedings (a negotiation with creditors prior to insolvency proceedings) to those who were in a situation of current or...
Community of owners. President’s honour
The use of offensive words in relation to the information to be communicated is part of freedom of expression. There are expressions which, taken in isolation, may seem offensive to the person to whom they are addressed. However, if they are related to the information...
Relevant judgments in the field of employment
See some recent judgments of interest Dismissal and group of companies The Supreme Court [SC 23-03-2022] has confirmed that, when objective dismissal for economic reasons is carried out in a group of companies for employment purposes, the cause or negative economic...
E-commerce, late payments and data protection
Is it valid to be notified by e-mail or SMS to the telephone number provided in the contract before being included in a debt collection register? The request for payment prior to the communication of the data to the common file on financial solvency is not a...
Lease of premises and business licence
If premises are rented and the contract states that they are to be used for a specific activity, the landlord is responsible for ensuring that the activity can be carried out... Where a lease of premises states that the premises are to be used for a particular...
Use of personal email
Can you ask an employee to use his or her personal e-mail for business purposes? What happens if he or she makes personal use of work e-mail? One of the characteristics of the employment contract and the employment relationship is the external nature of...
The payment of the dividend on silent partnership contributions
Sometimes companies create silent partnerships to bring in new investors. See how calculations are made when paying dividends to these new partners. The characteristic feature of non-voting shares is that, as compensation for the deprivation of voting rights,...
Unaccompanied foreign minor
The age on their official documentation prevails even if they are suspected to be over eighteen years of age. The public entity must assume the guardianship of the unaccompanied foreign minor according to the documentation provided if it has not been...
False self-employed
If a company hires a freelancer on a recurring basis, it must take precautions to ensure that it is not considered to be an employment relationship. Self-employed persons are natural persons who habitually, personally, directly, on their own account and outside the...
Home. Second buyers.
Can developers be held accountable for failing to meet the qualities offered? The second purchasers of a property are entitled to claim from the developers the cost of replacing the qualities to bring them into line with the advertising and specifications given to the...
Compensation of teleworking expenses
Do you have to compensate the teleworking expenses incurred by your employees when performing their tasks outside the workplace (means, equipment, tools, etc.)? The rise of teleworking in the wake of the pandemic has led to the need for its regulation. Legally,...
Labor reform: Royal Decree-Law 32/2021, of December 28
In the BOE of December 30, 2021, the expected publication of the agreement reached on December 23 between the Government, the CCOO and UGT union organizations and the CEOE and CEPYME business organizations was proceeded to structurally reform the Spanish labor market,...
Minimum Interprofessional Wage: R.D. 152/2022
Summary of the measures published in the R.D. 152/2022 of February 22, 2022. Regarding the MINIMUM INTERPROFESSIONAL SALARY: The minimum interprofessional salary (SMI) is raised to 1,000 euros per month with effect from January 1. As for the ERTE, the decree that...
