Category: Case law / legal theory
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to perform the duties attached to their jobs the question to be asked is what happens if a worker’s driving license is withdrawn as a result of a traffic offense.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 […]
López Ribalda Case: a review of the case law of the constitutional court on video surveillance?
Again, a ruling of the European Court of Human Rights (ECHR) causes major controversy about the constantly questioned and difficult balance between the employer’s right to monitor and surveil the activity of its employees and the latter’s right to the protection of their privacy (privacy and personal data). The judgment delivered by the ECHR on […]
Accidents to/from work when the route is changed to take a colleague home
According to figures from the Ministry of Employment and Social Security, in 2016 there were a total of 46,845 traffic accidents to/from work, which constitutes an 8.4% increase in these types of accidents with respect to the previous year. In this context, the Supreme Court continues to shape its criteria when classifying as an occupational […]