Questions

Indeed, firing a person on sick leave is perfectly possible, although certain precautions must be taken, regarding the dismissal letter and the form of notification of dismissal, so you will have to ; to be studied case by case by your advisor.

Currently, both pregnant women and women who are enjoying some right related to motherhood (reduction of working hours, breastfeeding, ...) or any woman during the 9 months after they reincorporate from at least maternity are especially protected so firing them is especially delicate, although not impossible if there is a real cause that motivates it that can be proven, so you will have to to be studied case by case by our specialists.

To carry out a modification of any labor condition, it must be done following a special procedure and in some cases it is necessary to give advance notice in addition to adequately motivate the change to avoid a claim that will annul it. the proposed measure. If the modification is substantial, the worker may choose to terminate the contract requesting compensation of 20 days per year worked with a maximum of 9 monthly payments. In certain cases, a special collective bargaining process must be followed. For example, if the measure affects more than 9 workers in companies with fewer workers, it must be carried out through a special procedure with consultations included.

A direct consequence of an oral dismissal is that if the workers files a claim for dismissal against the company, the dismissal shall be for sure declared as unfair and the company shall pay a severance pay of 45/33 days per year worked (or even the company may be obliged to re-admit the employee paying him/her back pays if nullity is requested). Consequently, it is highly advisable to carry out the dismissal in writing, with the supervision of our specialists, detailing all facts and stating the articles of the law and the statute infringed.

Effectively, it is highly advisable to document variable remuneration or commissions because otherwise the amounts received by the worker could be considered as consolidated and the company would be obliged to pay them even if it wants to stop paying them.

Since December 2013 the only concepts that do not contribute are: a) Locomotion expenses of the worker travelling out of his/her current work centre to work, when he/she uses means of public transport, provided that such expenses are justified by invoice or equivalent document. b) Locomotion expenses of the worker travelling out of his/her current work centre to work, as well as normal maintenance and stay expenses generated in a municipality other than the current workplace of the worker and his/her residence, with the same thresholds as the previous ones. c) Compensations for death, transfers, suspensions and dismissals (within the legal threshold). d) Benefits of the Social Security, improvements of the benefits of temporary disability and assignments for study expenses required by the development of its activities. e) Overtime, except for contribution for occupational accidents and professional illness of the Social Security. Contrary to the previous legal regime, all amounts paid to the employee in cash or in kind contribute and particularly health assistance coverage, the Ticket Restaurant, nursery school tickets, etc.

It is a remuneration consisting of the provision by the company to the worker of certain services or benefits that are not part of the base salary without exceeding 30% of the salary perceptions (use of dwelling by the company, maintenance supplementary payment, meals by the businessman, dwelling-room supplementary payment, payment or supplies of light, water, electricity, gas, free transport, etc., payment of insurance premiums in benefit of the worker, use of the company car, use of parking lot, ...).

It will depend on each case of the interest percentage in the company (by itself or with the persons it may live), the remuneration and the specific duties developed so that you should ask our experts before creating a company to analyze the different possibilities and correctly plan it, since there are many possible combinations. These characteristics may imply not being entitled to an unemployment benefit or being under the freelance workers regime or the general regime.

It is very dangerous to have a worker rendering services without being registered. If the worker exercises his rights, the company will have to pay the overdue contributions, with the corresponding surcharges, and a penalty for having workers without registration. This is further complicated, if possible, if the worker were to have an accident as the company could be forced to pay, apart from the high penalties that may be imposed by the Labor Inspectorate, a benefit of sick leave or disability with a surcharge and compensation for damages.

There are very few valid temporary contracts, so that it is recommendable to seek advice from your advisor for each case, clearly stating the cause of such temporary nature and taking into account that mostly it will be more advisable to make an indefinite contract and make use of the trial period as much as possible, additionally to the corresponding bonuses. If the temporary contract is not 100% legal, the worker may file a complaint upon termination of the contract and possibly the company will have to pay the redundancy payment of 45 days per year worked (considering the seniority of the first contract entered into with such employee, if more than one).  As an exception of this, you should see the new temporary contract for young people in article 12 of Royal Decree-Law 4/2013, of 22 February, of supporting measures to entrepreneurs and encouragement to growth and job creation. To stimulate the acquisition of a first professional experience, companies may enter into temporary contract without a cause with unemployed young people under the age of thirty with no labour experience or if this experience is below three months. The minimum duration of the contract will be of three months and the maximum duration will be of six months, unless a specific duration is established.