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 […]

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Recording of working time: Should travel time be included?

The new regulations on the recording of working time is arousing a number of doubts in relation to their application. One of such doubts is whether or not travel time should be recorded as working time. To resolve the issue, we should ask ourselves whether or not the time devoted to travel should be considered […]

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How to apply spanish labor legislation?: ask europe

The Court of Justice of the European Union has been qualifying or directly modifying over the years the judgments of the Spanish courts, interpreting employment rules in the light of Community law. The Court of Justice of the European Union was created in 1952. Thirty-three years later, Spain and Portugal signed, in June, the treaty […]

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For the purposes of the registration of daily working hours … participation in commercial events is considered as effective working time.

Royal Decree-law 8/2019 on urgent measures for social protection and the fight against labor insecurity with respect to working hours recently amended article 34 of the Workers’ Statute and established a duty for companies to effectively guarantee the registration of daily working hours as of May 12, 2019. Furthermore, the Court of Justice of the […]

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Not all pay slip formats are valid

At a time when companies are immersed in the not-always-easy process of complying with the different labor obligations imposed by the recent reforms (registration of working hours, recording of salaries, etc.), a new formal issue has to be added to the list: to revise the pay slip structure to ensure that it has no defects […]

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The prohibition on competition must be in line with the duration of the employment contract

A Catalonia High Court judgment has deemed that the post-contractual noncompete undertaking cannot exceed the duration of the employee’s contract.  The ban on employees competing with their employers during the term of their employment relationship is imposed by law. However, it is also possible to limit competition following the termination of the employment contract. To […]

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