Byroad

A hidden consequence of the new extended validity regimen

Article 84.1 of the Workers’ Statute establishes that: “while a collective labor agreement is in force, unless agreed otherwise, it cannot be affected by the provisions of collective labor agreements with a different scope of application”. This provision essentially prohibits encroachment by collective labor agreements. Therefore, while a collective labor agreement is in force, it […]

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Sweeping things underneath the carpet - Business Dishonesty

Should employers adopt specific measures in the workplace to protect confidential information?

In today’s competitive business environment, companies spend a great deal of time and money on obtaining developing and applying knowledge that may give them an edge over other competitors in a particular sector. The widespread use of new technologies, the globalization of the economy, the growth in outsourcing and high turnover of personnel in the […]

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jubilación parcial, Hourglass Sands of Time Deadline

Partial retirement and concentration of working hours

A business practice that has long been demanded and, in many cases, applied, using various different formulas, despite its rejection by the National Social Security Institute and to a large extent by the Spanish courts, is that of concentrating the working hours corresponding to the entire duration of partial retirement, in a single period. Interest […]

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Paper with weekly time sheet on a table.

Position taken by the Labor Inspection Authorities following the Supreme Court judgments releasing employers from the requirement to record time worked

In judgments handed down on March 23 and April 20, 2017, the Supreme Court rendered the position taken by the National Appellate Court void and ruled clearly that article 35.5 of the Workers’ Statute does not require employers to keep a daily record of time worked, but rather that said record is only required in […]

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Brick character with forbidden sign

How far can prohibitions go (during and outside) working hours?

An article in the Financial Times announced that an insurance company was going to ban its employees from drinking alcohol during their lunch break, and anyone caught doing so could face penalties and even dismissal. The introduction of these kinds of prohibitions in the context of employment relationships usually sparks heated debate from a legal […]

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Amending a contract

The limit for “self-terminating” a contract after a material modification to conditions

In the last quarter of 2016, the Supreme Court had occasion to rule on the possibility of rejecting the application of the employment contract termination mechanism contained in article 41.3 of the Workers’ Statute (WS) where the harm suffered by the worker is not evidenced. The facts of the case were as follows. In December […]

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