Equality plan: can the employer implement a plan unilaterally if the union refuses to negotiate?

A recent judgment clears the way for employers to carry out the equality plan process without needing to negotiate it with the workers’ representatives where no response has been received from the union in the specified period. Since January 13, 2021, employers have been required to fully comply with the new equality obligations, following the […]

Dismissal null and void due to a cold?

The new Spanish comprehensive law for equal treatment and non-discrimination raises questions about whether the cases in which a dismissal can be declared null and void may be broadened. Until July 2022, terminating an employment contract, through a dismissal, of an employee on sick leave, only entailed a risk of nullity in cases where it […]

Can we really close the gender pay gap?

In line with the International Labour Organization’s Global Wage Report 2016/2017, the 2017 National Salary Structure Survey finds that, in Spain, women earn an average of €20,051.58 per year, compared to the €25,992.76 average salary for men. In other words, on average, women earn 77.1% of what their male counterparts do. Moreover, in 2017, 18.2% […]

Can stress cause an occupational accident?

The Social Security Law considers any bodily injuries sustained by a workerdue to or as a result of work performed as an employee on the payroll as an occupational accident. The Supreme Court, in turn, classifies the following situations as occupational diseases or accidents: accidents or injuries sustained directly by an employee while providing his/her […]

laboral garrigues

The statute of limitations and the claim for vacation pay in the contact center sector

Following the controversy in the Contact Center sector over the items that should be included in vacation pay, on January 18, 2017, the Labor Chamber of the National Court gave judgment after analyzing the statute of limitations period applicable to claims for amount after a declaration of a collective bargaining agreement provision regulating vacation pay […]