Article 88 of the Royal Decree 557/2011 on immigration matters establishes what the employer must do in case he wants to hire a foreign employee. He must file the relevant application for an authorisation before the competent organ, accompanied by the required documents, and said administrative organ, once the file has been examined, shall issue a resolution. Said resolution must be notified to the employer and to the employee. The precept adds that the term to challenge the resolution starts as from the notification of the resolution to the employer.
Last 22nd of July of 2013, a Judgement of the Supreme Court of 11th of June of 2013 was published in the BOE (Boletín Oficial del Estado – Spanish Official State Gazette). Said Judgement abolishes, because of disaccord with the law, the section << the term for filing appropriate appeals shall start as from the notification of the resolution to the employer>> as included in said article 88.5.
The reasoning used by the Court is clear, this precept means the deprivation of the employee by the administration of his/her right to challenge the decision of the administration, and therefore, is in disaccord with the law.
This modification has the logical consequence of converting the notification of the resolution to the employee by the administration into the legitimate term for the initiation of the term for filing appeals.
Vilá Abogados
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31st of July 2013
