Category: Case law / legal theory
Can a company punish a worker using images from another employee’s mobile phone as evidence?
The Spanish Data Protection Agency (AEPD) concluded in a decision that punishing one employee on the basis of images captured with a mobile phone of another employee breaches data protection legislation. Companies must be extremely careful about how they obtain proof to take action against employees on disciplinary grounds. In its decision, the AEPD addressed […]
The assumed prohibition of dismissal on grounds related to COVID-19
Recently, there have been several contradictory court judgments in relation to the classification of the grounds for dismissal related to COVID-19. The issue to be resolved is whether the unjustified nature of a dismissal related to COVID-19 leads to the consideration of unlawful dismissal and can even be considered as null and void. The dispute […]
Compulsory medical examinations cannot be replaced by other compulsory check-ups
The Supreme Court has reiterated its case law regarding compulsory medical examinations at work, also pointing out that, when these are compulsory, they cannot be replaced by other kinds of controls performed outside the company and the employment activity. The judgment ratifies the compulsory nature of worker medical examinations, in this case in the passenger transport […]
What happens with the vacations of workers subject to an ERTE?
As a result of the COVID-19 pandemic and its impact on company business, many companies have been forced to use temporary contract suspension and reduced working hour procedures. When deciding what measure to implement, one of the issues that arises is the accrual of vacation during an ERTE. ¿Are workers still entitled to 30 days’ annual vacation […]
Childbirth leave established in collective labor agreements in limbo following extension of paternity leave
A reform was carried out in 2019 which extended childbirth leave. In exchange, the former leave for this reason was ended, because the new regulation defeated the purpose for such leave. However, childbirth leave continues to appear in some collective labor agreements, which has forced the courts to interpret its application case by case. […]
Accidents in a working environment when the worker is under the effects of alcohol: to what extent is the company liable?
In recent decades, the courts’ interpretation of work-related accidents when a person is under the effects of alcohol have varied: whereas in older judgments, the company had to make an additional effort to prove that the accident was related to drunkenness, more frequent rulings are based on the fact that all conduct by a person […]