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Ignacio del Fraile on unfair dismissal compensation in Spain | El Economista
4 April, 2023
Our Labor Law partner, Ignacio del Fraile, provides his opinion in this article for El Economista on the ongoing debate regarding unfair dismissal compensation in Spain, which is awaiting a ruling from the European Committee of Social Rights (ECSR).
Read the full article.
Read the full article.
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Emails sent by a company to its staff during collective bargaining do not always violate freedom of association
Emails sent by a company to its staff during a negotiation process do not, in and of themselves, constitute anti-union interference or unlawful pressure, provided they fall within the scope of the company’s freedom of expression and the legitimate defence of its business interests.
11 Sep, 2026 
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15 Jun, 2026
Conclusions on the abuse of temporary public sector employment: finding a balance between domestic laws and EU law
15 Jun, 2026
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26 May, 2026
Severance pay is a claim against the insolvent estate - not an insolvency claim - if a pre-opening-of-insolvency-proceedings dismissal is ruled unfair post hoc
Notwithstanding a dismissal occurring before the opening of insolvency proceedings, if a court finding of unfairness and an employer decision to make a severance payment occur after, the dismissed employee’s claim must be deemed against the insolvent estate, even if the parties had reached a settlement, if such was reached also after.
26 May, 2026
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23 Feb, 2026
Irregularities in public sector staffing. Jurisdiction and/or substantive law
When a serious irregularity is found in administrative contracts owing to their employment character, jurisdiction lies with the employment branch of the court system. However, if the administrative route is not outside the scope of the law, jurisdiction lies with the judicial review branch of the court system.
23 Feb, 2026
PUBLICATION
13 Feb, 2026
Senior management, membership of the board of directors and insolvency proceedings: single association theory yes, but also employer-employee relationship
Despite classifying the association as a commercial relationship and not an employment relationship, compensation amounts for termination of contract are allowed if they match those accepted by the insolvency practitioners, just as remuneration amounts are allowed if said practitioners had decided to accept remuneration in some months but not in others.
13 Feb, 2026
PUBLICATION
08 Jan, 2026
Sustainable commute plans: a new obligation for some companies
Companies with more than 200 employees or 100 per shift must have a sustainable mobility plan as part of their collective bargaining, the aim of which is to rationalise journeys
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04 Dec, 2025
Regulatory implementation of internship agreements (Royal Decree 1065/2025)
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04 Dec, 2025
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26 Nov, 2025
Current Teleworking Issues
The rediscovery of remote working and teleworking has led to the creation of a new business culture based on collective or individual agreements on the working conditions for this type of employment. This paper analyses the most significant trends in case law over the last year.
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2027 is nearing. Will retirement change significantly?
It has been more than fifteen years since we learned that the pension age would be raised from sixty-five to sixty-seven in 2027. During this time, a number of transitional rules have been applied regarding the pension age and amount, whilst the possibility of work and pension compatibility has also been broadened.
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