Connect with us

%

Spain Confirms Sick Leave Counts For Residency

Published

on

spain-confirms-sick-leave-counts-for-residency

Spain’s Supreme Court rules sick leave counts for residency renewal Credit : vali.lung, Shutterstock

Foreign workers in Spain have been given a significant legal clarification this April. The Supreme Court has confirmed that time spent on medical leave must be treated the same as time worked when renewing a residence permit.

It’s a decision that could directly affect thousands of expats and non-EU workers across Spain – especially those who have had to stop working temporarily due to illness or an accident and worried about falling short of renewal requirements.

Until now, that grey area has caused real uncertainty. This ruling changes that.

Why this ruling matters for foreign workers in Spain

At the heart of the issue is a simple question: what happens if you get sick and can’t work – does it count against your residency renewal?

According to the Supreme Court, the answer is now clear.

Periods of temporary incapacity – what’s commonly known as sick leave – must be considered equivalent to active employment when assessing whether someone meets the conditions to renew their residence and work permit.

In practical terms, this means that being on medical leave will no longer penalise you when authorities review how long you’ve worked during the year.

For many foreign workers, that removes a major concern. Falling ill is no longer something that could indirectly put your legal status at risk.

The case that led to the decision

The ruling stems from a real-life case involving a domestic worker in Asturias.

After suffering an illness, she applied to renew her residence permit – but the application was rejected. Authorities argued she had not worked enough days during the year and had not demonstrated active job-seeking or external reasons for her reduced activity.

A court in Oviedo initially sided with her, recognising that her situation deserved consideration.

However, the case didn’t end there. The State Legal Service appealed, and the High Court of Justice of Asturias overturned that decision, pointing out that temporary incapacity due to common illness was not explicitly covered in the law or regulations.

That legal gap is exactly what the Supreme Court has now addressed – and resolved.

What the Supreme Court actually said

In its final judgment, the Supreme Court took a more practical view of how employment works during periods of illness.

It pointed out that an employment contract is not terminated when a worker falls ill or has an accident. Instead, the contract is simply suspended.

During that time, the worker:

  • remains part of the Social Security system
  • continues to receive contributory benefits
  • maintains a legal link to their employment

Because of this, the court concluded that receiving temporary incapacity benefits should be treated the same as carrying out work activity for the purpose of renewing residence permits.

In other words, from a legal and administrative perspective, the system recognises that the worker is still active – just temporarily unable to perform their duties.

What this means for your residency renewal

If you’re a foreign worker in Spain, the impact is quite direct.

When applying to renew your residence and work authorisation, periods during which you were on sick leave must now be taken into account as if you had been working.

This is particularly relevant if:

  • you had a long illness during the year
  • your total working days dropped below expected thresholds
  • or your renewal was at risk because of that gap

With this ruling, those periods should no longer be used against you.

A step towards more legal certainty

One of the key effects of this decision is the clarity it brings.

Until now, interpretations could vary depending on the administration handling the case. Some applicants found themselves rejected simply because their situation didn’t fit neatly into existing rules.

The Supreme Court’s position creates a clearer framework. It aligns the reality of working life – where illness is unavoidable – with how the system evaluates residency rights.

It also reinforces the role of Social Security contributions. If a worker continues to contribute through benefits during sick leave, that period is recognised as part of their professional history.

What expats should take from this

For many expats living and working in Spain, this ruling removes a layer of uncertainty.

It confirms that:

  • getting sick won’t automatically jeopardise your residency
  • your legal status is protected during periods of temporary incapacity
  • and the system acknowledges the continuity of your employment, even if you’re not actively working

Of course, each case still depends on individual circumstances, and other renewal conditions still apply. But when it comes to medical leave, the direction is now clear.

A practical change with real consequences

Legal rulings don’t always translate into everyday impact. This one does.

It addresses a situation that many workers face at some point – being unable to work due to health reasons – and ensures that it doesn’t come with unexpected administrative consequences.

For anyone navigating Spain’s residency system, especially non-EU workers balancing employment requirements and legal status, that’s a meaningful shift.

And just as importantly, it brings the rules closer to reality.

%

UK Approves Lifetime Tobacco Ban For Everyone Born After 2008

Published

on

uk-approves-lifetime-tobacco-ban-for-everyone-born-after-2008

The policy is intended to reduce the number of people who start smoking at a young age. Photo credit: Richard Bradford/Shutterstock

The United Kingdom is set to introduce a permanent ban on the sale of tobacco to everyone born on or after  January 1 2009, after Parliament approved one of the most significant anti-smoking measures in recent decades. The proposal is contained in the Tobacco and Vapes Bill, which has passed both the House of Commons and the House of Lords. The legislation is now awaiting Royal Assent, the final formal stage before becoming law.

If enacted, the measure will not ban smoking itself. Instead, it will make it unlawful for retailers to sell tobacco products to anyone in the affected age group at any point in their lives.

How the system will work

Rather than setting a single new minimum age, the law creates a rolling age limit that increases each year. At present, the legal age for buying tobacco in the UK is 18. Under the new system, that threshold will continue to rise by one year annually for those born from 2009 onwards.

This means adults who can already legally buy tobacco will keep that right. However, someone born in 2009 or later would never reach an age at which tobacco sales become lawful for them. The policy applies to cigarettes and other tobacco products covered by existing age-of-sale laws.

Parliamentary approval

The bill has been debated over several stages in both Houses of Parliament. Supporters argued that smoking remains one of the leading causes of preventable illness and death, while opponents raised questions about enforcement, personal choice and the long-term practicality of a generational sales ban.

Despite those objections, the legislation secured enough support to pass through both chambers.

Once Royal Assent is granted, ministers will be able to bring the new rules into force through secondary legislation and implementation guidance.

Why the government is introducing it

The policy is intended to reduce the number of people who start smoking at a young age and lower long-term demand for tobacco. Successive governments have sought to reduce smoking rates through taxation, advertising restrictions, standardised packaging, public health campaigns and indoor smoking bans.

The new measure goes further by attempting to prevent future generations from legally accessing tobacco products at all.Ministers have described the policy as part of a long-term public health strategy aimed at reducing smoking-related disease and pressure on health services.

What it means for retailers

Shops that sell tobacco will need to continue checking ages, but over time the system will become more complex because the legal age will no longer be fixed at 18.

Instead, eligibility will depend on a customer’s date of birth. Retailers are expected to receive updated guidance on age verification and enforcement once the law is formally enacted. Existing penalties for unlawful tobacco sales may also apply to businesses that breach the new rules.

Wider measures in the bill

The legislation also includes powers to regulate vaping and nicotine products. These provisions allow ministers to introduce future rules covering areas such as flavours, packaging, product displays and restrictions in certain public places. Specific measures would require further regulations before taking effect.

The inclusion of vaping controls reflects concern among policymakers about youth uptake of nicotine products, even as vaping is also used by some adults as an alternative to smoking.

Public debate

The proposal has attracted support from many health organisations, which argue that preventing young people from starting to smoke is more effective than trying to help established smokers quit later in life.

Critics, however, have questioned whether the law creates different rights for adults based solely on year of birth. Others have argued that enforcement may become harder over time if legal and illegal age groups exist side by side. There has also been debate over whether restrictions on legal sales could increase the illicit tobacco market, though the long-term effect remains uncertain.

International significance

The UK is among the first major countries to legislate for a permanent generational ban on tobacco sales. Similar proposals have been discussed elsewhere, but few have advanced as far through the legislative process.

Public health campaigners are likely to watch implementation closely, particularly whether the measure leads to lower smoking uptake among younger age groups.

What happens next

The final step is Royal Assent, after which the bill will become law. The government will then set commencement dates and publish enforcement details.

If implemented as planned, people born on or after 1 January 2009 will never be able to legally buy tobacco in the United Kingdom, marking a major change in the country’s approach to smoking policy.

Continue Reading

%

Cinema Chain In Spain Fined €45,000 For Banning Outside Food And Drink

Published

on

cinema-chain-in-spain-fined-e45,000-for-banning-outside-food-and-drink

Consumer groups have argued that cinemas are not primarily food businesses. Photo credit: Capturing Images/Shutterstock

A cinema chain in Algeciras has been fined €45,000 for preventing customers from entering screening rooms with food and drink bought outside the venue, according to reports published on Monday. The sanction was imposed on Yelmo Cines by the Territorial Delegation of Health and Consumer Affairs of the Junta de Andalucía in Cádiz after complaints supported by consumer organisation FACUA. The case concerns the company’s policy of restricting access to customers carrying products purchased elsewhere.

According to the published resolution, the offence was classified as serious under Andalucían consumer protection rules. In the region, serious infringements can carry financial penalties ranging from €10,001 to €100,000.

Basis of the complaint

The dispute centres on whether a cinema whose principal activity is film exhibition can stop customers bringing in food and drink from outside when ticket holders have already paid for entry.

Consumer groups have argued that cinemas are not primarily food businesses and therefore cannot automatically require visitors to buy refreshments on site as a condition of access. They say blanket bans on outside items may place unfair limits on consumer choice. FACUA said it had backed complaints against the practice in several parts of Spain, arguing that customers should be free to decide where they buy snacks and drinks unless there are specific safety or hygiene grounds that justify restrictions.

Previous sanctions

Reports state this is the fourth penalty issued against the Yelmo cine chain over the same issue. Earlier fines cited in coverage include €25,000 in Almería, €12,000 in Sevilla, and €30,000 imposed by the Basque consumer authority Kontsumobide. Those cases also related to restrictions on customers carrying food or drink purchased outside the cinema.

The latest sanction in Algeciras is the highest of the reported fines linked to the practice.

Consumer law background

Spanish consumer law allows regional authorities to investigate business practices and issue penalties where rules are found to have been breached. Enforcement is handled by autonomous communities, meaning cases are decided by regional bodies rather than a single national regulator.

The Algeciras case was handled by the Andalucian administration through its provincial consumer authority in Cádiz. The classification of the offence as serious indicates the authority considered the conduct to go beyond a minor administrative issue, although the published reports do not detail whether aggravating factors were taken into account when setting the amount.

Position of cinemas

Most cinemas sell food and drink as an additional source of income, with popcorn, sweets and beverages forming part of their commercial offer. Some venues have rules limiting what can be taken into screening rooms, particularly where alcohol, hot food or glass containers are concerned. The issue in this case, however, concerns a general ban on products bought elsewhere rather than restrictions linked to safety or disturbance.

No wider industry response had been reported at the time of publication regarding whether operators would review admission policies following the latest fine.

Wider significance

The decision is likely to attract attention beyond Algeciras because similar policies are common in cinemas in Spain and other countries. The case may encourage further complaints from customers or prompt other regional authorities to review existing rules where bans are in place.

It also highlights the role of consumer organisations in bringing complaints that lead to regulatory action. FACUA has previously campaigned on pricing, contract terms and access conditions across several sectors.

What happens next

It was not immediately clear from published reports whether the fine would be appealed. Companies subject to administrative sanctions in Spain can usually challenge decisions through internal procedures and, if necessary, through the courts. Unless overturned or reduced, the penalty adds to a growing number of sanctions issued over the same practice.

For cinema-goers, the ruling does not automatically create a nationwide rule applying to every venue, as enforcement decisions are taken case by case and under regional powers. However, it reinforces the view of several consumer authorities that blanket bans on outside food and drink may breach consumer protection rules when the main service being sold is admission to watch a film. The case is one of the clearest recent examples of regulators intervening in cinema admission policies and may shape how operators approach food and drink rules in future.

Continue Reading

%

Popping Out For A Smoke At Work? Think Again.

Published

on

popping-out-for-a-smoke-at-work?-think-again.

Taking a quick ciggie break from work. Credit: Mircea Iancu – Pixabay

Popping outside to have a quick cigarette just got a lot more expensive. Long gone is the tea lady, employed to deliver a cup of tea and a biscuit so you don’t take a cigarette break outside (yes, back then in the UK and Spain, smoking was allowed inside). They wanted their workers then to keep on toiling with as few stops as possible.

Then, the smoking ban came in for shared indoor spaces. And Spain’s rules were the toughest in the World at the time. In Spain, taking a quick break outdoors was seen as fair compensation in sympathy for the smoker, and the smell of stinky wet ashtrays marked the entrance to most big buildings around the country.

Now, however, the party is over. Spain’s employees stepping outside for a quick puff might need to stay late at work to compensate for lost time. Labour experts are now warning that smoking breaks are not protected as paid working hours. Companies have every right to demand workers clock out for these brief absences.

Legal distinctions between smoking and “essential” needs

Employment lawyer Juanma Lorente recently went viral on TikTok clarifying this legal reality. He explained that taking a drag on a cigarette or a vape does not qualify as a physiological necessity under law, unlike visiting the bathroom. Employers can and should strictly monitor these habits by enforcing a clock-in and clock-out policy for every outdoor excursion. Failing to recover those missed minutes constitutes a breach of contract, leaving staff vulnerable to formal warnings or even justified dismissal.

Protected rest periods are still safe

Workers completing shifts longer than six hours still enjoy a fifteen-minute rest break under Spanish employment law. Using this specific window to go outside to smoke is perfectly acceptable and cannot be deducted from regular wages. Difficulties only arise when individuals take additional, unplanned trips outside throughout the day. Businesses currently use modern time-tracking systems to accurately log these exact absences.

A potential incentive to quit?

Health department statistics reveal that daily tobacco use already dropped to historic lows in Spain by 2025, though roughly 10.6 million people in Spain still partake in a relaxing smoke. Lorente views this strict workplace policy as a brilliant motivator for employees to reduce their habit entirely. Staff members facing the prospect of staying late every single evening might think twice before lighting up. Consequently, this rigid enforcement could inadvertently improve overall public health while ensuring maximum productivity.

Regional office cultures often treat these short social smoking breaks as standard and acceptable daily routines. However, employees must now carefully review their collective bargaining agreements to understand exactly how their time is calculated. Falsifying daily records by sneaking out undetected carries severe consequences under current regulations. Transparency and record-taking is still essential for anyone hoping to avoid disciplinary action over a seemingly harmless habit.

Continue Reading
Advertisement
Advertisement

Spanish Real Estate Agents

Tags

Trending

Copyright © 2017 Spanish Property & News