The ERTEe (temporary layoff procedure) in times of COVID-19

The effects of COVID-19 were already being felt by companies weeks ago. It was forcing them to look into the possibility of taking measures aimed at reducing working hours or suspending the contracts of some of their employees. The exponential increase in the number of people affected by COVID-19, in what is an unprecedented health […]

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What can parents do when their kids’ schools are canceled due to coronavirus?

Some of the measures taken by public authorities to help curb the spread of coronavirus have had a major impact on the workplace and raise questions about how the measures should best be applied in employment relationships. In the past few days, many parents have been affected by one of the government’s measures to curb […]

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Severance pay for the termination of a temporary contract can be offset against severance pay for an unjustified dismissal

 The Supreme Court has determined that, if the termination of a temporary contract is declared to be an unjustified dismissal, companies do not have to pay double severance. Rather, the severance pay of 33 days’ pay per year worked will be subtracted from the severance pay of 12 days’ pay per year for the termination […]

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Dismissal based on absenteeism: chronicle of a death foretold

law on grounds of urgency and need, even though it had existed for forty years. This post analyzes the dying days of dismissal for absenteeism and the arduous battle to defend productivity. Since the publication of the Constitutional Court judgment of October 16, 2019, which upheld the constitutionality of section d) of article 52 of […]

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National appellate court looks into time recording, beyond the coffee break

The Labor Chamber at Spain’s Appellate Court has delivered a widely reported judgment (December 10, 2019), underlining that it is valid to deduct smoking, breakfast or coffee breaks from actual working hours. Beyond this issue, however, two other no less important topics went unnoticed: how to compute the actual working hours of employees who travel […]

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The necessary distinction between interns and workers

In 2019 we have witnessed intense inspection activity to monitor the presence in companies of what are called “non-employee trainees”, colloquially known as interns. The new Government, according to the program of the so-called “Progressive Coalition”, envisages the creation of a new intern’s statute (so that this concept serves excessively training purposes, and establishing a […]

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