Controlling the working day is usually a problem for the employer, either because they don´t want their workers to feel controlled, because they don´t know which system to implement or because they are not interested in controlling the overtime in Spain. It is important that companies keep track of the days worked by their staff, so as to control the hours worked by each employee and have a justification for any legal issue.
On 6 March, the Official Spanish State Gazette issued Order ESS/214/2018, which requires self-employed workers to join the RED System and receive online notifications. This is a new obligation of freelancers in Spain (or self-employed workers). This can be carried out either directly by the self-employed professional or through a RED-authorised third party, and will be mandatory from 1 October onwards.
Non-compete agreement during employment and post-contractual non-compete agreement in Spain are used by companies to prevent their employees from harnessing their expertise and training acquired in the company to provide other companies in the sector or those engaging in similar business activity with this knowledge, both during and after the employment relationship.
A serious non-fulfilment caused by employees may encourage managers to make a unilateral decision to terminate their employment contract through a disciplinary dismissal in Spain. When making the decision to carry out a disciplinary dismissal, it is important to comply with all of the legal requirements so that the dismissal is not subsequently declared unfair or void.
The number of employees that have to travel for work reasons is increasing. As such, companies have to cover the expenses of these trips through what are known as per diem allowances (or expenses payments). The concept of per diem allowances in Spain, particularly their work and taxation processing, can cause confusion and doubts when implementing them in the company.
Flexible remuneration (payment in kind in Spain) is a method that is being used increasingly more in companies to offer candidates more attractive and competitive salary conditions and to keep employees motivated.