Category: Case law / legal theory
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 […]
Recording workers with hidden cameras does not necessarily violate the right to privacy
The recent ruling by the Grand Chamber of the European Court of Human Rights (ECHR) in the López Ribalda case opens a new episode in the use of video surveillance as a means of monitoring by employers and concludes that there is no violation of the rights to privacy of workers who were not informed […]
Can the dismissal of a woman become discriminatory on gender grounds?
For a dismissal not to be discriminatory, it suffices to show that there is a ground for dismissal that is entirely free from any type of discrimination. However, the burden of proof falls on the employer and the dismissal can be deemed null and void if this circumstance cannot be evidenced, even if the worker […]
The supreme court considers that employee consent is not required for video calls
The Supreme Court has ruled that an employee’s consent is not required when using video call applications, increasingly more frequent in the contact center sector and the subject of the overturned 2017 judgment by the National Appellate Court, provided the video calls are necessary to perform an employment contract. On April 10, 2019, the Labor […]
The Supreme Court clarifies the criteria applicable when calculating time-periods in relation to objective dismissals on the grounds of absenteeism
Following a series of contradictory rulings, a recent judgment has clarified that the percentage of absences justifying the dismissal must necessarily be reached in a four-month period. Consequently, if said percentage is reached in a shorter period, the dismissal is unjustified. An employer may dismiss an employee due to absences from work, even where such […]
Recording of working time: Should travel time be included?
The new regulations on the recording of working time is arousing a number of doubts in relation to their application. One of such doubts is whether or not travel time should be recorded as working time. To resolve the issue, we should ask ourselves whether or not the time devoted to travel should be considered […]