Author: Pedro José Pérez Sánchez
Must the company pay the overtime claimed if there is no record of working hours?
The majority opinion of the labor courts determines that the employer’s breach to comply with the obligation to record working hours presume the performance of overtime if evidence is provided by the employee. Traditional case law on overtime required the employee to prove the performance of all the overtime claimed, demanding strict and detailed proof […]
Bicycles for public servants: energy saving measures in the Administration
In light of the risks posed by the current high dependence on energy, it is essential to implement measures that facilitate a reduction in the consumption of energy in the short term. These measures also apply to public servants. On May 26, 2022, the Official State Gazette published the resolution by the Cabinet passing the […]
Can an algorithm decide a dismissal?
More and more companies are deciding to use artificial intelligence systems to manage their resources, which raises a number of legal questions and the need for regulation, due to the practical problems that may arise in the use of this technology. However, would the dismissal of a worker be valid if it is based on […]
Job offers: discrimination comes at a cost
Job offers by companies must avoid all possible discrimination. This not only helps to safeguard equal treatment in the organization, but also avoids possible fines. Even now in 2020, we often find job offers that do not guarantee a minimum principle of equal treatment and which are therefore discriminatory according to labor legislation: “Job vacancy […]
Workers are not obliged to provide their own mobile phone for Company geolocalization
Technology is advancing faster than the regulations governing it. This is why, in the majority of cases, it is the courts that have to establish the limits between the validity of a technological tool designed to control a company’s production and the fundamental rights of its staff. In this context, the National Court Judgment of […]
Do workers loaned by temporary employment agencies have the same rights?
Equal treatment of the employees of a user company and the workers loaned to it by a temporary employment agency (known as an “ETT” in Spain) continues to be a highly relevant issue and has undergone some changes in recent years. Article 11 of Law 14/1994, of June 1,1994, regulating ETTs, has been significantly amended […]
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