Category: Case law / legal theory
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 […]
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 […]
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 […]
The right to inform employees is not limited to labor union representatives
Companies, as like labor union representatives, may also wish to inform employees of their position with respect to matters of interest, for example in the context of collective bargaining. The courts have ruled on this issue on a number of occasions, according to the specific cases involved. The right to inform employees on the progress […]
Thresholds considered in relation to collective layoff procedures: the CJEU changes the rules
A recent judgment by the Court of Justice of the European Union (CJEU) has established new criteria for determining the point at which a collective layoff procedure is required because the thresholds established for individual dismissals have been exceeded. The European court’s judgment brings added uncertainty for businesses in what are already difficult times, with […]
Codes of ethics and compliance with employment legislation
Company codes of ethics and conduct are useful as instruments with which to regulate interaction and relations within an organization and establish what is expected of each person in it, but they should never overreach their scope and encroach on areas which are regulated by employment legislation. Employment law requires companies to put measures in […]