Category: Case law / legal theory
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 […]
Job offers: discrimination comes at a cost
Job offers by companies must avoid all possible discrimination. This not only helps to safeguard equal treatment in the organization, but also avoids possible fines. Even now in 2020, we often find job offers that do not guarantee a minimum principle of equal treatment and which are therefore discriminatory according to labor legislation: “Job vacancy […]
Teleworking: the importance of a good agreement
To avoid possible legal problems relating to working remotely or teleworking, it is essential for an agreement to be reached between the company and worker that suitably regulates this form of working. The fact that teleworking is here to stay is a reality that has been highlighted by the current health crisis and imminent entry […]