Author: Fernando Pomposo
The company can recover the compensation paid for a post-contractual non-compete agreement declared null
When a post-contractual non-compete agreement is declared null because it does not comply with the legally established requirements, the company can, in certain cases, recover the amounts paid to the employee as consideration, because the cause that justifies it disappears. Article 21.1 of the Workers’ Statute (WS) prohibits employees from rendering services for several employers […]
Infringement of the right to digital disconnection does not justify any additional compensation
The Labor Chamber of the High Court of Justice of Catalonia has determined that subduing an employee to very long working days and untimely working time, thus compromising his right to rest and digital disconnection, entitles the employee to the right to extinguish the contractual relationship, but not to be awarded any compensation associated with […]
How telework is affecting occupational health
April 28 marks the celebration of World Day for Safety and Health at Work, proclaimed by the International Labor Organization (ILO). The celebration consists of an international campaign aimed at promoting safe, healthy and decent work. It also honors the victims of occupational accidents and diseases. Currently, one of the topics raising the most concern […]
It is possible to deduct part of a worker’s salary for arriving late to work
Fernando Pomposo Labor Chamber Four of the Supreme Court has ruled that companies can deduct the time a worker arrives late to work from his/her salary if it is on a regular basis. The Court considered that “if the failure to provide services is solely attributable to the worker who arrives to work late, the […]
Accompanying a family member to the doctor does not give rise to paid time off
In a judgment handed down on December 9, the Supreme Court held that paid leave to attend to imperative public and personal duties, regulated in article 37.3 d) of the Workers’ Statute, does not cover a worker accompanying a family member to the doctor. The decision by the Labor Chamber was issued as a result […]