The courts continue to fight the excessive use of temporary contracts

Temporary contracts are in the cross hairs. The adaptation of Spanish law to European Union (EU) legislation in this area is a matter that has been ruled on in recent years by the Court of Justice of the European Union (CJEU) which, by answering the questions referred to it for preliminary rulings, is having a […]

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Dismissal for absenteeism: the right to physical integrity against the right to productivity

Recent news that the Constitutional Court supported the objective dismissal of a worker who had clocked up nine days’ sick leave over a period of two consecutive months has sparked comments by journalists and on social media that have been treating this item as breaking news or as an after-effect of the labor reform. They […]

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Companies with 50 or more workers must set up an internal whistleblower channel

The “whistleblowing” directive requires companies to adopt the necessary measures to prohibit any form of retaliation against employees who report infringements within the company. At the beginning of this year, a proposal for a Commission directive on the protection of persons reporting on breach of Union law was being processed for approval by the European […]

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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 […]

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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 […]

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Pueden despedir a una mujer por su condición

Can the dismissal of a woman become discriminatory on gender grounds?

For a dismissal not to be discriminatory, it suffices to show that there is a ground for dismissal that is entirely free from any type of discrimination. However, the burden of proof falls on the employer and the dismissal can be deemed null and void if this circumstance cannot be evidenced, even if the worker […]

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