Author: Manuel Merino
Can a dismissal with formal defects be remedied?
Occasionally, a dismissal can be frustrated by not complying with a series of formal requirements. In such cases the labor regulations provide for some options allowing companies to rectify the dismissal and make it valid. The law and some collective agreements provide for a series of formal requirements for dismissal, whose strict compliance is essential […]
Spain: The National Appellate Court outlines the requirements relating to teleworking agreements and the consequences of non-compliance
Distance working is proving a challenge for employers, and its implementation in practice needs to be regulated internally. A judgment of the National Appellate Court has set out the key aspects to be considered in relation to teleworking agreements. Teleworking is defined as “distance working carried out through the use, exclusively or primarily, of information, […]
Worker vacation time is coming: what is the best contract to cover it?
When vacation is taken by some of the employees, especially when it coincides with a significant number of workers, it may cause an imbalance in company business and the need to hire other workers to substitute those on vacation. On certain occasions, this imbalance may be resolved using internal flexibility measures, such as the relocation […]
Preventive measures upon the resumption of work: are they compulsory for the worker?
Employers have the duty to effectively protect their workers and to prevent possible occupational risks, also in the context of COVID-19. However, when applying measures, workers’ rights must be taken into account in the event of possible effects on their privacy, dignity and physical integrity. With the third of the extensions of the state of […]
The negotiation of the equality plan when there are no workers’ representatives requires caution
The new obligation to implement equality plans in companies with more than 50 employees has caused an increase in the number of cases in which there are no workers’ legal representatives with whom to negotiate them. This situation raises certain doubts which must be resolved by future regulations or case law. The latest changes made […]