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 courts uphold the dismissal, due to absence, of an employee on leave who avoided being notified of a vacancy enabling him to return to work

An employee on leave was notified on two occasions of a vacancy enabling him to return to work, as he himself had requested, and the employer, upon receiving no reply, dismissed him on grounds of serious and culpable breach, based on his unjustified absence from work.  A judgment of the High Court of the Principality […]

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Currículum ciego

Blind cvs as a way of preventing discrimination

In recent years, the search for ways to prevent or reduce discrimination in the workplace has been one of the Spanish legislators’ main priorities and one of the most important problems to resolve. In particular, factors as diverse as age, gender, origin, personal appearance and even race and skin color may sometimes be a barrier […]

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Man watching an employee work via a closed-circuit video monitor

Is it legal to use surveillance cameras in the context of disciplinary dismissals?

On January 31 and February 2, 2017, the Supreme Court handed down two relevant judgments in which it analyzed whether or not fundamental rights are violated when recordings from video surveillance cameras are used for disciplinary purposes without having formally informed the workers of the installation of the cameras. In recent years, the majority position […]

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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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