Author: Rosa Lara
Spain: Incorrectly making special payments on a pro rata basis may no longer have consequences for companies
A Supreme Court judgment has rekindled the debate on the consequences that making special payments on a pro rata basis may have for companies when the collective labor agreement expressly prohibits such practice. Article 31 of the Workers’ Statute acknowledges the right of employees to two special payments per year: one at Christmastime and the […]
Uncertainty continues to surround the supposed prohibition to dismiss workers on COVID-19 related grounds
The supposed prohibition of dismissal continues to give rise to contradicting judgments by the labor courts. In times of economic uncertainty, the controversial clause that is intended to limit dismissals is creating legal uncertainty both for businesses and workers. Up until now, while we wait for the Supreme Court to unify the criteria, contradictory decisions […]
The ERTEe (temporary layoff procedure) in times of COVID-19
The effects of COVID-19 were already being felt by companies weeks ago. It was forcing them to look into the possibility of taking measures aimed at reducing working hours or suspending the contracts of some of their employees. The exponential increase in the number of people affected by COVID-19, in what is an unprecedented health […]
The Supreme Court clarifies the criteria applicable when calculating time-periods in relation to objective dismissals on the grounds of absenteeism
Following a series of contradictory rulings, a recent judgment has clarified that the percentage of absences justifying the dismissal must necessarily be reached in a four-month period. Consequently, if said percentage is reached in a shorter period, the dismissal is unjustified. An employer may dismiss an employee due to absences from work, even where such […]