Disconnecting from work, an issue that should be regulated

Is a worker entitled to disconnect the digital devices that connect him/her to the company after finishing work? In France, the answer is yes. In Spain, it is unclear, due to the lack of regulation. Since the passing and publication of Law 2016-188 of August 8, 2016 (modifying the Worker’s Code), French law recognizes and […]

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Can a rule from the last century adequately respond to new collaboration trends among professionals?

On April 6, 2018, the Spanish Council of Ministers approved the strategic action plans to be implemented by the Labor Inspection Authority up to 2020, and of particular interest among them is the two-fold fight against fraud: the pursuit of sham legal relationships (such as false self-employed workers) and of unjustified temporary employment contracts. Historically, […]

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A dismissed worker can change his mind during a conciliation hearing concerning a prior agreement with the company

Let’s start with some background. A company dismisses a worker on disciplinary grounds, notifying him by means of a letter that does not explain the grounds but rather only refers to a “continued and voluntary reduction in performance.” At the same time, both parties reach a financial agreement and undertake that the company will recognize […]

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Medical checkups: voluntariness and limits on the right to privacy

In accordance with article 22 of Occupational Risk Prevention Law 31/1995, of November 8, 1995, employers are obliged to guarantee workers the periodic monitoring of their health according to the risks inherent in their position and must offer staff the possibility of having periodic medical checkups and specifically, according to Spanish case law, at least […]

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Physical exercise: a contractual obligation?

There are numerous studies linking the regular practice of physical exercise to greater productivity in the workplace. Exercise improves health in general, so logically it enables our bodies to be in a better condition to perform our duties at work. That is the conclusion reached by many studies, one of which is called “The effect […]

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Firma electrónica - Blog Laboral Garrigues

Requirements for the electronic signature of employment contracts

In the era of WhatsApp, apps and LinkedIn we live in , the question arises as to whether the electronic signature of the employment contracts equivalents to the traditional handwritten signature. In order to answer that question, we must turn our sights to Regulation No 910/2014 on electronic identification and trust services for electronic transactions […]

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