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Judgment of the Labour Chamber of the Supreme Court (SC) dated 15 January 2009

  • Bird & Bird
  • -
  • Spain
  • -
  • June 15 2009

In this case, the employer included a post-contractual non-compete clause in the employment contracts of several employees, which included as a sub-clause the possibility of waiving the entire clause at any time

Judgment of the Labour Chamber of the Supreme Court (SC) dated 15 January 2009

  • Bird & Bird
  • -
  • Spain
  • -
  • June 15 2009

The parties agreed that if the employment contract of an executive director were to be terminated by any reason, except for disciplinary dismissal, the senior executive would be entitled to receive a severance payment of 45 days salary per year of services, with the applicable tax deductions already made

Judgment of the Contentious-Administrative Chamber of the National Court (NC) dated 2 July 2008

  • Bird & Bird
  • -
  • Spain
  • -
  • June 15 2009

The tax authorities and the NC found in this specific case that mutual agreements were entered into between the employer and a significant group of employees to terminate their employment relationship, instead of dismissals

Judgment of the Labour Chamber of the Supreme Court (SC) dated 22 December 2008

  • Bird & Bird
  • -
  • Spain
  • -
  • June 15 2009

In this case, the company failed to make prompt payments of its employee's salaries due to its insolvency situation

Judgment of the Labour Chamber of the Supreme Court (SC) dated 12 December 2008

  • Bird & Bird
  • -
  • Spain
  • -
  • June 15 2009

The claimant had entered into a fixed six-month term employment contract with the employer including a 60-day trial period