Author: Unai Miguel Rodríguez
Does unfair competition constitute grounds for disciplinary dismissal?
The employer may opt for disciplinary dismissal in cases in which the employee commits unfair competition. To do so, as stated by the Supreme Court in its judgment of December 21, 2021 (Rec. 1090/2019), it is essential to accredit that the company proceeded with dismissal as soon as it became aware of the employee’s conduct. […]
What content must be included in basic copies of employment contracts?
The Supreme Court has clarified what content must be included in the basic copies of employment contracts that companies must provide to the workers’ statutory representatives in accordance with article 8 of the Workers’ Statute. It has done so in a judgment handed down by the Labor Chamber on May 26, 2021, which confirmed the […]
Recording workers with hidden cameras does not necessarily violate the right to privacy
The recent ruling by the Grand Chamber of the European Court of Human Rights (ECHR) in the López Ribalda case opens a new episode in the use of video surveillance as a means of monitoring by employers and concludes that there is no violation of the rights to privacy of workers who were not informed […]
López Ribalda Case: a review of the case law of the constitutional court on video surveillance?
Again, a ruling of the European Court of Human Rights (ECHR) causes major controversy about the constantly questioned and difficult balance between the employer’s right to monitor and surveil the activity of its employees and the latter’s right to the protection of their privacy (privacy and personal data). The judgment delivered by the ECHR on […]
Should there be equal working conditions at outsourced service providers and client companies?
The outsourcing of services in different sectors and areas of activity has given rise to the appearance of so-called multiservice firms, firms which, as their name indicates, provide various services falling under different areas of application of industry collective labor agreements. However, many of them have chosen to regulate their relationships with employees under preferentially […]