Category: Case law / legal theory
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 […]
Severance pay for the termination of a temporary contract can be offset against severance pay for an unjustified dismissal
The Supreme Court has determined that, if the termination of a temporary contract is declared to be an unjustified dismissal, companies do not have to pay double severance. Rather, the severance pay of 33 days’ pay per year worked will be subtracted from the severance pay of 12 days’ pay per year for the termination […]
National appellate court looks into time recording, beyond the coffee break
The Labor Chamber at Spain’s Appellate Court has delivered a widely reported judgment (December 10, 2019), underlining that it is valid to deduct smoking, breakfast or coffee breaks from actual working hours. Beyond this issue, however, two other no less important topics went unnoticed: how to compute the actual working hours of employees who travel […]
The necessary distinction between interns and workers
In 2019 we have witnessed intense inspection activity to monitor the presence in companies of what are called “non-employee trainees”, colloquially known as interns. The new Government, according to the program of the so-called “Progressive Coalition”, envisages the creation of a new intern’s statute (so that this concept serves excessively training purposes, and establishing a […]