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Work related accidents during a coffee break: the fine red line between effective working time and personal activities
A recent judgment by the Italian Supreme Court considered that accidents during rest periods should not be considered as work-related accidents. In Spain, several judgments have dealt with the issue on a case-by-case basis. Much has been written since 2019 on the registration of working hours and consideration of the different possibilities that may occur […]
Am I entitled to occupy my desk? The courts rule on “hot desks”
The National Court has upheld the decision by a company to reorganize its workstations, occupying space according to availability. It considered that this does not constitute a material modification of working conditions. Some years ago, companies underwent a first major revolution in organizing their space, changing from compartment offices with little space or cubicles to […]
How telework is affecting occupational health
April 28 marks the celebration of World Day for Safety and Health at Work, proclaimed by the International Labor Organization (ILO). The celebration consists of an international campaign aimed at promoting safe, healthy and decent work. It also honors the victims of occupational accidents and diseases. Currently, one of the topics raising the most concern […]
From telework to the metaverse: a challenge for regulating employment relationships
Alberto García The “metaverse” has probably been one of the most repeated terms in the first quarter of 2022 and is also certainly one of the topics least understood by the majority of the public. The possibilities offered by this form of virtual reality are perhaps infinite, but it is worth asking whether it might […]
Members of the health and safety committee are not granted additional guarantees when they act on behalf of the company
The Supreme Court has clarified that members of the health and safety committee acting on behalf of the company do not have the same guarantees as members of the Works Council, given that the performance of their functions is not conditioned by the fear of retaliation. The health and safety committee is the body in […]
Does unfair competition constitute grounds for disciplinary dismissal?
The employer may opt for disciplinary dismissal in cases in which the employee commits unfair competition. To do so, as stated by the Supreme Court in its judgment of December 21, 2021 (Rec. 1090/2019), it is essential to accredit that the company proceeded with dismissal as soon as it became aware of the employee’s conduct. […]