Category: Case law / legal theory
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 […]
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 […]
No protection from employers for breastfeeding working mothers could be discrimination on grounds of sex
Equality between female and male employees at the workplace is very topical at the moment and over recent months a completely new movement has appeared in Spain seeking to stamp out any discrimination against female workers on grounds of sex. Still a source of conflict is the protection of women who are pregnant, have recently […]
Withdrawal of driving license could place job at risk
Where a valid driving license is needed for workers to perform the duties attached to their jobs the question to be asked is what happens if a worker’s driving license is withdrawn as a result of a traffic offense. In those cases, can the company interrupt or terminate the employment relationship? The Supreme Court shed […]
Paid leave must begin on working days, according to the Supreme Court
On February 13, 2018 the Supreme Court handed down a judgment on an ordinary cassation appeal, in which it ruled that the first day of paid leave should be the first working day after the event for which the leave is taken, arguing that leaves of absence were created to be taken on working days […]
What is the proper jurisdiction for employers and employees to resolve personal income tax-related issues?
The issue as to which jurisdiction is competent to hear claims regarding the appropriateness and amount of personal income tax withholdings made by an employer from an employee has been the subject of settled case law. Indeed, the Supreme Court has repeatedly held that the determination of whether or not personal income tax withholdings […]