Author: Julián García Paya
Spain: In the event of dismissals for objective reasons, at what point the worker’s legal representatives must be provided with a copy of the letter?
The Supreme Court has ruled, in a judgment of 5 July 2023 (rec. 105/2022) , the discussion as to whether the delivery of the notice to the workers’ representatives in objective dismissals must be prior to or simultaneous with the notification to the dismissed employee or whether, on the contrary, it can be made subsequently. […]
Spain: Alternatives for companies against voluntary and unjustified absenteeism by a worker
Some courts are admitting notifications of worker termination in which the worker is informed of his/her voluntary termination due to absenteeism and, at the same time and by default, of disciplinary dismissal in the event the first option is not possible. At times, companies face unjustified absenteeism of employees from work that may be grounds […]
International Day of Persons with Disabilities: Work situation in times of COVID-19
The COVID-19 crisis has had a special impact on labor relations, as companies have been forced to take different measures to cope with the effects of the pandemic on their businesses. Nevertheless, perhaps it has gone unnoticed that these measures have been applied in the same way to persons with disabilities, who have also become […]
Workforce planning by employers may be the key following the end of the state of emergency
All forecasts point to a gradual recovery of activity, meaning that the return to normality may be accompanied by changes to businesses and to labor relations. COVID-19 and the declaration of the state of emergency have led to stagnation in many industries, with activity being brought to a standstill or a sharp drop in demand for […]
The time has come to pay (or not to pay) the annual bonus
Once the financial year has ended, many companies make an analysis of their results for the purposes of paying their workers an annual bonus during the early part of the following year, in line with the terms set out in the company’s remunerations policy. However, the complicated nature of employment relationships means that, in certain […]
Transfer of undertakings: resignation or unjustified dismissal?
Contracting involves an agreement between two companies or entities under which one of such companies or entities undertakes to perform work or provide a specific service to the other. In this regard and, due to the structure of our legal system, there is a great deal of labor conflict when a company decides to take […]