In the event of insolvency, Fogasa must also bear the severance pay for workers who terminate their employment relationship due to a transfer

A recent judgment of the CJEU extends the liability of the Wage Guarantee Fund to the severance pay for termination of a contract arising from a transfer. In a judgment of June 28, 2018 (case C-57/2017), the Court of Justice of the European Union (CJEU) has held that the severance pay provided in Article 40 […]

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Withdrawal of driving license could place job at risk

Where a valid driving license is needed for workers to perform the duties attached to their jobs the question to be asked is what happens if a worker’s driving license is withdrawn as a result of a traffic offense. In those cases, can the company interrupt or terminate the employment relationship? The Supreme Court shed […]

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Social Networks bring Big Brother into the world of labor relations

The number of collective bargaining agreements which regulate aspects of the use of social networks is on the increase. Companies can lay down rules on their proper use and regulate certain forms of conduct, insofar as these could prove detrimental to the image, reputation or functioning of the business. It was back in 1949 that […]

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How to limit an employer’s liability for an occupational disease acquired by a worker from more than one job

Where a worker acquired an occupational disease while working for different employers, it will be essential for those employers to provide evidence that the necessary safety measures were taken during the period in which the worker formed part of their workforce, with a view to limiting potential damages for civil liability on such grounds. This […]

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The Supreme Court clarifies the requirements to prevent a dismissal for supervening unfitness from being declared void

According to a judgment of the Spanish Supreme Court, in order to prevent a dismissal for supervening unfitness (ineptitud sobrevenida) from being declared void, an employer must prove that reasonable accommodation has been provided, and such accommodation must not constitute a disproportionate burden for the employer.  It is possible to question whether the termination of […]

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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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