Can a company punish a worker using images from another employee’s mobile phone as evidence?

The Spanish Data Protection Agency (AEPD) concluded in a decision that punishing one employee on the basis of images captured with a mobile phone of another employee breaches data protection legislation. Companies must be extremely careful about how they obtain proof to take action against employees on disciplinary grounds. In its decision, the AEPD addressed […]

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Doubts concerning the commitment to maintain jobs in relation to ERTEs (temporary lay-off procedures)

The various rules approved since the declaration of the state of emergency for the purpose of regulating ERTEs have generated a series of legal questions on which employers require clarification. One example is the uncertainty surrounding the commitment to maintain jobs, in a scenario which has proved to be more complicated and longer lasting than […]

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The assumed prohibition of dismissal on grounds related to COVID-19

Recently, there have been several contradictory court judgments in relation to the classification of the grounds for dismissal related to COVID-19. The issue to be resolved is whether the unjustified nature of a dismissal related to COVID-19 leads to the consideration of unlawful dismissal and can even be considered as null and void. The dispute […]

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Companies will have to pay the expenses associated to telework

The new legislation regulating working from home (called telework when electronic means are used) has finally been published and requires companies to pay the associated expenses or reimburse them, without workers assuming expenses related to equipment, tools or the necessary means to perform their work. But, will this have tax and Social Security consequences? Royal Decree-Law 28/2020, […]

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Back to an “ERTE”: solutions on how to survive outbreaks of COVID-19

Companies that have been affected by COVID-19 outbreaks and the strengthening of certain measures and administrative restrictions could consider implementing a temporary collective layoff procedure that enables them to survive the second wave of the pandemic. Companies did not exactly make a killing in August this year. The macroeconomic figures provided by the different official bodies, […]

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Compulsory medical examinations cannot be replaced by other compulsory check-ups

The Supreme Court has reiterated its case law regarding compulsory medical examinations at work, also pointing out that, when these are compulsory, they cannot be replaced by other kinds of controls performed outside the company and the employment activity. The judgment ratifies the compulsory nature of worker medical examinations, in this case in the passenger transport […]

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