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The non-retroactivity in the application of changes in administrative and judicial criteria that are detrimental to taxpayers
The Central Economic Administrative Court (TEAC) in a recent resolution dated March 23, 2022 pronounces on the non-retroactivity in the application of changes in administrative and judicial criteria that are detrimental to taxpayers. Based on the idea that the...
The interruption of seniority in temporary contracts, increasingly complicated
The Judgment by the Supreme Court of 02/12/2020 issued in Unification of Doctrine corrects the previous doctrine and questions the interval between contracts that was considered sufficient to date as a "significant interruption" that breaks the essential unity of the...
Is dismissal considered null and void in cases of temporary disability?
[Document outdated due to the entry into force of Law 15/2022, of July 12, 2002, on equal treatment and non-discrimination] The recent judgment from the High Court of Justice of Catalonia dated 14 September 2021 provides a useful summary of current case law in this...
Effectiveness and validity of shareholders’ agreements
As defined by the Spanish Supreme Court (see, among others, STS 128/2009 and 138/2009 both on 6 March), <<shareholders' agreements (also known in Spanish as acuerdo o pactos parasociales) are “those agreements through which shareholders intend to regulate, with...
Limitation on the distribution of dividends due to ERTES
As a result of the health crisis arising from the pandemic caused by COVID-19, many companies have been forced to promote Record of Temporary Employment Regulation ("ERTES") to mitigate the negative effects caused by such situation. Specific regulations have been...
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