At a glance
- The indemnity guarantee is tied to the fundamental right to effective judicial protection.
- The Organic Law on the Right to Defence, effective from 4 December 2024, explicitly extends this protection to spouses, common-law partners, and close relatives working in the same company.
The concept of an indemnity guarantee is linked to the fundamental right to effective judicial protection. Spanish social order bodies have increasingly activated the indemnity guarantee before judicial proceedings commence.
Previously, case law included instances where the indemnity guarantee was extended to family members who had being subject to discrimination by association. However, with the Organic Law on the Right to Defence coming into force on 4 December 2024, this protection is now explicitly extended by law to spouses, common-law partners, and close relatives working in the same company.
This right to indemnity protects employees against any adverse consequences they may face due to any action taken against the company or in administrative or judicial proceedings aimed at claiming their labour rights.
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