Category: Case law / legal theory
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 […]
Companies with 50 or more workers must set up an internal whistleblower channel
The “whistleblowing” directive requires companies to adopt the necessary measures to prohibit any form of retaliation against employees who report infringements within the company. At the beginning of this year, a proposal for a Commission directive on the protection of persons reporting on breach of Union law was being processed for approval by the European […]
Workers are not obliged to provide their own mobile phone for Company geolocalization
Technology is advancing faster than the regulations governing it. This is why, in the majority of cases, it is the courts that have to establish the limits between the validity of a technological tool designed to control a company’s production and the fundamental rights of its staff. In this context, the National Court Judgment of […]