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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Businessman driving a car

Accidents to/from work when the route is changed to take a colleague home

According to figures from the Ministry of Employment and Social Security, in 2016 there were a total of 46,845 traffic accidents to/from work, which constitutes an 8.4% increase in these types of accidents with respect to the previous year. In this context, the Supreme Court continues to shape its criteria when classifying as an occupational […]

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LA MENSAJERÍA INSTANTÁNEA COMO “MEDIO HÁBIL” DE COMUNICACIÓN EN LAS RELACIONES LABORALES

Instant messaging as a “valid means” of communication in labor relations

As we indicated in a previous post published on December 1, 2015, in its judgment of September 21, 2015, the Labor Chamber of the Supreme Court held that the clauses included in a company’s employment contracts which enabled it to notify its employees through text messages or e-mail were null and void. The Court held […]

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Are electronic pay statements valid?

Since 2011, the Spanish Supreme Court’s position, reflected in the judgment handed down on December 22 that year, has been to hold that salary receipts, i.e. pay statements, should be delivered on paper. The court’s view was that this transpires from article 29.1 of the Workers’ Statute (“Salary documentation shall be provided by delivering an […]

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Are christmas hampers an acquired right?

In recent years, the majority of rulings given by our Courts and Tribunals in relation to so-called Christmas hampers have interpreted the issue in a flexible manner and therefore considered that the granting of a Christmas hamper should not be automatically deemed as a more favorable condition, each case requiring an individual analysis to determine […]

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laboral garrigues

The statute of limitations and the claim for vacation pay in the contact center sector

Following the controversy in the Contact Center sector over the items that should be included in vacation pay, on January 18, 2017, the Labor Chamber of the National Court gave judgment after analyzing the statute of limitations period applicable to claims for amount after a declaration of a collective bargaining agreement provision regulating vacation pay […]

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