Category: Case law / legal theory
For the purposes of the registration of daily working hours … participation in commercial events is considered as effective working time.
Royal Decree-law 8/2019 on urgent measures for social protection and the fight against labor insecurity with respect to working hours recently amended article 34 of the Workers’ Statute and established a duty for companies to effectively guarantee the registration of daily working hours as of May 12, 2019. Furthermore, the Court of Justice of the […]
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Not all pay slip formats are valid
At a time when companies are immersed in the not-always-easy process of complying with the different labor obligations imposed by the recent reforms (registration of working hours, recording of salaries, etc.), a new formal issue has to be added to the list: to revise the pay slip structure to ensure that it has no defects […]
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The prohibition on competition must be in line with the duration of the employment contract
A Catalonia High Court judgment has deemed that the post-contractual noncompete undertaking cannot exceed the duration of the employee’s contract. The ban on employees competing with their employers during the term of their employment relationship is imposed by law. However, it is also possible to limit competition following the termination of the employment contract. To […]
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Japan restricts monthly overtime to 100 hours, while Spain approves daily monitoring of working time
This April new regulations approved by the Japanese parliament will come into force containing a work/life balance measure that will restrict the number of overtime hours of Japanese workers. 236 deaths caused by Karoshi (death from overwork) and 208 suicides caused by Karojisatsu (mental health problems arising at the workplace) have raised the alarm within […]
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When are tips considered part of a worker’s wages?
If the tip is a direct transfer between the customer and the worker without the company’s involvement, it will not form part of the worker’s wages. The lack of labor regulations governing tips in many business sectors (with some exceptions, such as the casino sector which does regulate them) leaves us with myriad questions regarding […]
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Could the inequality between paternity leave and maternity leave be unconstitutional?
A father has managed to have an appeal admitted by the Constitutional Court, in which he claims that the inequality between paternity leave and maternity leave is a form of discrimination. Last May the Constitutional Court (CT) admitted an appeal for the protection of constitutional rights filed by a father who had been denied the […]
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The Garrigues Labor and Employment Department offers quality labor law advice to both Spanish and multinational companies, mainly with a view to facilitating and optimizing human resources management. This requires in-depth knowledge of the special characteristics of each client’s activity and business situation, which, coupled with an international presence and cutting-edge, innovative advice, enables us to provide strategic, high value-added solutions.NEWSLETTER
