Category: Case law / legal theory
Personal days: keys to determining whether they are recoverable days and whether they are to be included for calculating fulfillment of the maximum annual working hours
In order to know how personal days should be treated at each organization, it is essential to check how they are defined in the collective labor agreement and look at the company’s standard practice. We often come across collective labor agreements that contain the worker’s right to take so-called discretionary days off, also known as […]read more
Can COVID-19 be considered a stigmatized illness for characterization of a dismissal in Spain?
The court judgments that have ruled so far on the characterization of dismissals due to reasons related to COVID-19 -of which a few were described in our October 1, 2020 post-, have done so by interpreting the “dismissal ban” contained in article 2 of Royal Decree-Law 9/2020, which has been extended to remain in effect […]read more
Accompanying a family member to the doctor does not give rise to paid time off
In a judgment handed down on December 9, the Supreme Court held that paid leave to attend to imperative public and personal duties, regulated in article 37.3 d) of the Workers’ Statute, does not cover a worker accompanying a family member to the doctor. The decision by the Labor Chamber was issued as a result […]read more
‘Do not disturb’: Digital disconnection and training in the workplace in times of teleworking and COVID-19
Over the last few months the use of distance working in all its forms as a means of promoting flexibility and striking a work/life balance, as a temporary measure to contain COVID-19, is now commonplace in numerous sectors and companies. In this post we analyze the implications of telework in connection with the right to […]read more
Fired for using social media: Where is the red line in Spain?
In an environment where social media is an amplifier of everything anyone does, a question that comes to mind is whether the activities of workers inside or outside the workplace, by posting pictures, videos or comments could be regarded as employee misconduct that is cause for dismissal. At the beginning of 2020, the media reported […]read more
The automatic application of the occupational risk prevention procedure for COVID-19 may lead to problems for companies
The Ministry of Health’s Operating Procedure for Occupational Risk Prevention Services to mitigate exposure to SARS-CoV-2 establishes certain criteria and measures aimed at preventing COVID-19 infections. However, automatically applying some of the contents of this procedure could entail certain risks for companies. A recent judgment highlights the need to take into consideration the specific circumstances […]read more