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 […]

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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 […]

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‘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 […]

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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 […]

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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 […]

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Voluntary resignation implies the forfeiting of variable remuneration, but there are special cases

The Supreme Court has issued a judgment to unify legal doctrine that establishes that a worker is not entitled to receive the proportional part of his/her annual bonus in the case of voluntary resignation before the end of the accrual period. In this post, we analyze the judgment issued on October 22, 2020 and mentioned in the […]

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