Category: Case law / legal theory
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 […]
GPS doesn’t work for recording working time
The Supreme Court has rejected the GPS-based time control system implemented by a company because it is not able to calculate working time in its entirety. A recent order by the Supreme Court has shed some more light on the characteristics that working time recording systems implemented by companies should have. The context in which […]
Spreading fake news about employers may lead to dismissal
When fake news is spread which directly affects an employer or its workforce, one can go to court or adopt the appropriate disciplinary decisions, if it is a worker who spreads such news. Fake news is having an impact on employment relations. Numerous companies cannot find an effective way of counteracting fake news published on […]
The negotiation of the equality plan when there are no workers’ representatives requires caution
The new obligation to implement equality plans in companies with more than 50 employees has caused an increase in the number of cases in which there are no workers’ legal representatives with whom to negotiate them. This situation raises certain doubts which must be resolved by future regulations or case law. The latest changes made […]
The courts continue to fight the excessive use of temporary contracts
Temporary contracts are in the cross hairs. The adaptation of Spanish law to European Union (EU) legislation in this area is a matter that has been ruled on in recent years by the Court of Justice of the European Union (CJEU) which, by answering the questions referred to it for preliminary rulings, is having a […]
Dismissal for absenteeism: the right to physical integrity against the right to productivity
Recent news that the Constitutional Court supported the objective dismissal of a worker who had clocked up nine days’ sick leave over a period of two consecutive months has sparked comments by journalists and on social media that have been treating this item as breaking news or as an after-effect of the labor reform. They […]