Publications

• Leaving your post to commit a criminal act
  Regarding the Judgment of the High Court of Justice of Extremadura of 11th February 2020
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• The importance of the material resources mitigates a succession of contracts
  Regarding the Supreme Court's Ruling of 3rd March 2020
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• The regulatory salary of an expatriate worker dismissed in the framework of a collective dismissal and the discharging effectiveness of the settlement
  Regarding the STS of 21st February 2020
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• Private detectives as agents provocateurs
  Regarding the 19th February 2020 Supreme Court decision
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• The proceedings for recourse against the joint debtor
  Regarding the Provincial Court of Alava December 19th 2019 Judgment
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• Unjustified sentence in the scope of an ERTE due to rights abuse
  Regarding the 29th April 2019 Madrid High Court ruling
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• Unilateral termination of the employment contract due to late payment of wages and ERTEs
  Concerning the Judgement issued by the No. 3 Albacete Labour Court, dated 28th October 2019
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• Lack of respect and consideration for co-workers
  Regarding the December 5th 2019 Ruling of the High Court of Justice of Aragon
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• Starting date for paid leave: Regarding the High Court of La Rioja ruling of September 4, 2019
  Regarding the STSJ La Rioja of September 4, 2019
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• Application of the adaptation and distribution of the working day ex art. 34.8 Statute of Worker’s Rights to the care of children over 12 years
  Regarding the main changes introduced by RDL 6/2019 of 1 March
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• 10th February 2020 Labour Chamber of the National Court Ruling on effective working time (travel, overtime and coffee, cigarette breaks, etc.)
  Regarding the 10th February 2020 judgment of the National Court Labour Chamber
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• Can reception of the economic benefit of Temporary Incapacity exceed the period of 18 months for the same illness?
  About the Supreme Court Ruling of 6 November 2019
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• Disciplinary dismissal due to simulation in clocking in
  Regarding the Judgment of the Supreme Court of Andalusia (Granada Court) of 19th September 2019
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• Taxation of compensation paid under the post-contractual non-competition pact: binding consultation V2736-19 of 8 October 2019
  On the subject of the binding consultation V2736-19 of 8 October 2019
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• Main developments in the field of social security introduced by Royal Decree-Law 18/2019 of 27 December
  With regard to Royal Decree-Law 18/2019 adopting certain measures in the field of taxation, cadastre and social security
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• Christmas Hampers - generous gift or company duty?
  Regarding the Supreme Court Ruling of 19 November 2019
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• Best Lawyers 2020 recognizes 54 Andersen Tax & Legal professionals among the best lawyers in Spain
  In this edition, Andersen Tax & Legal in Spain has 54 outstanding professionals with a total of 81 distinctions, among them, Maria Olleros, Tax area partner, who has been recognized as 'Lawyer of the Year' in Venture Capital
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• Directive of the European Parliament and of the Council on the protection of persons reporting infringements of Union law
  Concerning the Directive of the European Parliament and of the Council on the protection of persons reporting infringements of Union law of 26th November 2019
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• Taxation of senior management staff pay-outs
  In connection with the judgement of the Supreme Court (Administrative çlitigation Chamber) of 5 November 2019
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• Adaptation of Art. 34.8 of the Statute of Worker’s Rights
  Regarding the Judgment of the Labour Court of October 30, 2019
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• Taxation of the amounts deriving from the payment of severance indemnities recognised as unjustified
  Regarding the Judgment of the Administrative Chamber of the National High Court of 3 July 2019
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• Video recordings by hidden and non-permanent cameras
  On the Judgment of the European Court of Human Rights
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• Null disciplinary dismissal for "association or bond."
  About the STSJ Canarias (Las Palmas) of 29 August 2019
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• Modification of the worker's ordinary working day without reduction due to conciliation of personal, family and working life
  Regarding ECJ 18 of September 2019 (interpretation art. 34.8 WS before its modification by RDL 6/2019)
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• Agreement between the Autonomous State Labour and Social Security Inspectorate and the Wage Guarantee Fund
  The purpose of this Agreement is to establish a suitable procedure for the exchange of data by FOGASA and ITSS in order to check that the social and labour regulations are correctly complied with
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• The double pay scale
  About the High Court Judgement of June 24th, 2019
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• “Substantiality" in changes in working conditions
  Regarding the STS of December 4th 2018
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• Measurable contractual terminations for purposes of determining the existence of Collective Dismissal
  Regarding the Judgment of the National High Court of July 4, 2019
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• Are emails documentary evidence in an employment lawsuit?
  About Judgment of the Cantabrian High Court of Justice dated 30 January 2019
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• Corporate decisions in the event of absenteeism or punctuality at work
  Regarding the ruling of the Spanish High Court dated June 20, 2019
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• The incidence of the minimum interprofessional wage in the wage tables of collective agreements
  Regarding the High Court Sentence dated 24th May 2019
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• Allowances for social security contributions for accidents at work and occupational diseases of employees performing services in exclusive office work must be made prioritising their occupation and and not the activity of the company
  Regarding the Judgment of the Supreme Court, Administrative Chamber, dated June 3, 2019
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• Lack of employment relationship of a worker providing parcel delivery and collection services, despite the use of mobile application and clothing made available by the company
  Regarding the Hight Court of Cantabria Judgement dated 26 April 2019
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• Financial compensation for untaken holidays
  Regarding the Supreme Court's Judgment on March 14th 2019
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• Working Day Register
  José Antonio Sanfulgencio analyzes in El Graduado the current issues concerning the daily register, the judicial doctrine of obligatory knowledge that plans on its scope and the effects of this new regulation, as a result of a training session in which he participated last May 24, at the headquarters of the Official College of Social Graduates
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• Companies face sanctions if they do not establish the daily working day record from 12th May
  Andersen Tax & Legal organizes a Working Breakfast on the "Key Aspects derived from the new obligation of daily registration of the working day" in which it is shown that the companies must have, at least, established a plan of implantation of the registration of the working day for that date.
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• Interim contracts that are lawful at their termination do not give rise to a right to compensation. | Supreme Court judgement 13th March 2019
  After almost two and a half years since the ECJ shocked the Spanish labour market by equating the compensation derived from the termination of temporary interim contracts to that of permanent employees, the Spanish SC has finally settled the ruling that temporary interim contracts do not generate any type of compensation once their term has expired
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• Instructions determining the procedure in the event of withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union
  The 25 March 2019 Ruling sets out the instructions determining the procedure in the event of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union without the agreement provided for in Article 50 of the Treaty on European Union having been reached
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• Absence of the value of the severance payment with respect to the company when it is only signed by the worker: Regarding the High Court judgement of January 30th 2019
  The Social Chamber of the Supreme Court issued on January 30, 2019, by virtue of which it is concluded that the settlement only releases the undersigned and for the concepts it includes. This does not preclude the company from claiming lawfulness and later wrongly overpaid to its employees and that, therefore, only obliges the employee
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• Royal Decree-Law 8/2019, of 8th March, on urgent measures for social protection and the fight against job insecurity in the workplace
  Royal Decree-Law 8/2019, of 8th March, on urgent measures for social protection and the fight against job insecurity in the workplace
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• Urgent measures to ensure equal treatment and opportunities between women and men in employment and occupation
  Royal Decree-Law of 1st March on urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation
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• Main labour measures following a possible no agreement exit of the United Kingdom from the European Union
  Royal Decree-Law 5/2019 of 1st March adopting contingency measures in the event of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union without the agreement provided for in Article 50 of the Treaty on European Union having been reached
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• Award of the "Equality in the Company"
  Order PCI/120/2019, of 31 January, announcing the award of the "Equality in the Company" logo for 2018, and establishing its regulatory bases
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• Preponderant criterion of adaptation to the existing risk in the specific occupation in terms of contributions for accidents at work and occupational disease
  Regarding the Supreme Court Judgment of October 26th, 2018
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• A few laps away from being fired for absenteeism: a looming repeal?
  Regarding the Ruling of the Plenary Session of the Constitutional Court of 16 October 2019
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• Trade union information "in paper form" and the prohibition of access to work with any personal object
  Regarding the Decision of the National High Court, November 15, 2018
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• Main updates introduced for the revaluation of public pensions and other urgent social, labour and employment measures
  Main labour and social security updates introduced by Royal Decree-Law 28/2018, of 28 December, for the revaluation of public pensions and other urgent social, labour and employment measures.
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• Establishment and entry into force of the Interprofessional Minimum Wage for 2019
  Royal Decree of Friday 28 December 2018
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• The effects of non-compliance with a Covenant of Permanence
  About the ruling of the Madrid High Court of Justice dated May 11, 2018
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• Disciplinary dismissals without cause, nullity in favour of the workers
  About the decision of the High Court of Justice of Castilla-La Mancha of September 11, 2018
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• Best Lawyers selects 27 lawyers of Andersen Tax & Legal among the most outstanding in Spain
  The prestigious American publication Best Lawyers has selected 27 Andersen Tax & Legal professionals as the most outstanding in Spain with a total of 44 distinctions in the ranking it prepares annually
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• The succession of contracts. The provisions of the collective bargaining agreements are called into question
  Regarding the Supreme Court Judgement of 27 September 2018
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• Transposition of directives on the protection of employees' pension liabilities
  Royal Decree-Law 11/2018 of 31 August
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• The payment of housing rent and its consideration as a computable salary module with respect to severance payments
  About the High Court Judgement of July 19, 2018
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• practical application measures contained in the Master Plan for Decent Work
  Alfredo Aspra and José Antonio Sanfulgencio analyse the main practical application measures contained in the Master Plan for Decent Work (2018, 2019 and 2020) including mention of the four proposed legislation initiatives presented
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• Expired Collective Bargaining Agreement
  On the Judgments of the Social Chamber of the Supreme Court of 5 and 7 June 2018
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• Transport and clothing allowances in part-time contracts
  In relation to STS 22nd March 2018
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• The nature of the contractual legal relationship in the model of Collaborative Economics, Platform Economics among others
  Regarding the Judgments of March 22 and June 1, 2018
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• The European Union Court of Justice corrects and clarifies its criterion on the compensation regime applicable to temporary contracts in Spain
  Alfredo Aspra and José Antonio Sanfulgencio analyze the two judgments of the Grand Chamber of the Court of Justice dated 5th June 2018
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• Turn of the screw in the doctrine of the Supreme Court of Justice of Madrid with respect to temporary video surveillance cameras
  About the High Court of Justice of Madrid sentence dated February 7, 2018 (Mutua Cualtis Case)
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• The review of e-mails by companies: About the Supreme Court ruling on February 8th 2018
  Analysis of the February 8th 2018 Supreme Court ruling
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• The time limit for filing a claim against a labour lender
  Regarding the high court sentence of 14 December 2017
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• Brief analysis of the ten new employment and social security measures included in the 2018 General State Budget Project
  Brief analysis of the ten new employment and social security measures included in the 2018 General State Budget Project
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• Approval of the Strategic Plan of the ITSS 2018 - 2010 and Royal Decree 192/2018, of 6 April, approving the statutes of the Autonomous Body of the ITSS State Agency
  Alfredo Aspra and José Antonio Sanfulgencio analyze the approval of the Strategic Plan of the ITSS 2018 - 2010 and Royal Decree 192/2018, of 6 April, approving the statutes of the Autonomous Body of the ITSS State Agency
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• Amendment of the Regulation on the implementation of company pension commitments to employees and beneficiaries

  On 10 February 2018, Royal Decree 62/2018, of 9 February, was published in the Official State Gazette of RD 62/2018, amending the Regulation on the implementation of companies' pension commitments to employees and beneficiaries

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• The limitation period for joint and several liabilities of the principal company is not interrupted by the wage claim made to the employer contractor

  Regarding the High Court decision of 5 December 2017

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• Employment Alert: Legal contribution rules for 2018

  Analysis of Order ESS/55/2018, of 26 January, which introduces the legal contribution rules for 2018

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• Bonus in the last doctrine of the High Court of Justice of Madrid

  Review of the latest pronouncements of the judicial doctrine of the Employment Chamber of the Madrid Supreme Court of Justice regarding bonuses

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• New provisions on The Guaranteed Minimum Interprofessional Wage, Passive Classes, Labour Inspection and Special Scheme for Freelance Workers

  Brief analysis of the labour provisions published in the State Gazette on December 30, 2017

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• Best Lawyers recognizes 27 lawyers of Andersen Tax & Legal among the most outstanding in Spain

  The prestigious American publication Best Lawyers has selected 27 Andersen Tax & Legal professionals as the most outstanding in Spain with a total of 45 distinctions in the ranking it prepares annually.

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• Null and Void Dismissal. Compensation for Moral Damage resulting from the Violation of Fundamental Rights

  Regarding the Supreme Court decision of 5^th October 2017

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• A hotchpotch of exclusive employment agreements and post-contractual non-competition agreements

  As regards the JSC Madrid of 27 March 2017

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• Severance pay for temporary personnel: Questions posed by the Supreme Court to the CJEU

  In relation to the Supreme Court judgement of 25 October 2017

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• Latest amendments to the Self-Employment Act

  Act 6/2017, of 24 October, on Urgent Self-Employment Reforms

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• Discrepancies between a draft contract and an employment contract

  The JSC Madrid of 19 July 2017

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• Disciplinary dismissal null and void due to disability and/or long-term temporary disability: The judgment of the SCJ Madrid of 8 March 2017

  Disciplinary dismissal null and void due to disability and/or long-term temporary disability: The judgment of the SCJ Madrid of 8 March 2017

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• The two CJEU judgments of 21 September 2017 and modifications of employment conditions: More modifications of interpretation or no modification?

  Analysis of the two CJEU judgments of 21 September 2017 and modifications of employment conditions: More modifications of interpretation or no modification?

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• Judgment handed down by the Grand Chamber of the European Court of Human Rights on 5 September 2017 on the control of e-mail use by employers

  Judgment handed down by the Grand Chamber of the European Court of Human Rights on 5 September 2017 in Barbulescu vs. Romania (app. 61496/08)

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• Collective dismissal and the existence of a group of trading companies

  Re the Decision of the Supreme Court of 19 July 2017

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• Information to the employees’ legal representative in the event of workforce restructuring

  Re the Decision of the Supreme Court of 29 June 2017

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• Plural Employer: “Group Company” and “Employment Corporate Group”

  The Labour Chamber of the Supreme Court recently passed a judgement for doctrine unification resolving a termination of employment contract due to objective reasons (economic) with a favourable outcome for the complainant employee. 

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• Collective bargaining decisions that can be detrimental

  Concerning the Castile La Mancha Supreme Court Ruling of 22 March 2017

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• Concepts that should be included and excluded for calculating compensations due to termination of employment contracts

  Concerning the two judgements passed by the Supreme Court on 3 May 2017.

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• Development in Labour and Social Security Matter of Law 3/2017, of 27 June, of the General State Budgets for 2017

  Development in Labour and Social Security Matter Law 3/2017, of 27 June, of the General State Budgets for 2017

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• Compensation for work relocation. The details are important

  Analysis of the judgment of the High Court of Justice of Galicia of 7 April 2017 in relation to the need to pay particular attention to the wording of all types of document capable of giving rise to disputes when applied in practice

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• Thresholds of collective redundancy

  The calculation unit: the establishment and the undertaking. Regarding the Supreme Court Judgement issued in unification of case-law on 6 April 2017

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• Breach of the "principle of correspondence" does not make collective agreements void

  Analysis of the judgment of the Supreme Court of 23 February 2017 on the annulling of the collective agreement of Adaptalia

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• Regional High Court Judgment on the employer's obligation to provide a canteen

  Employer's obligation to provide a canteen (or alternative) if employees do not have two hours off.

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