Category: Case law / legal theory
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 […]
Unfair competition by a worker that has left the company may be claimed in a Labor Court
A judgment by the Supreme Court has stated that acts that may result in unfair competition performed by an employee after leaving the company may be judged in a Labor Court as a remote cause of the employment contract. The protection of confidential information leads to many companies signing non-compete clauses with their workers that […]
Can I be dismissed for being absent from work due to the weather?
The intensity of a meteorological phenomenon, the risk to the employee and the possibility of proving it are key factors in justifying absence from work. Either by snow and ice or torrential rain, different regions are often severely punished by meteorological phenomena that prevent many workers from attending work (or arriving on time). In this […]