Category: Collective bargaining
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 […]
Compulsory time recording is now a reality
On May 12 next the measure which requires employers to keep a record of the workday comes into force. In this post we explain several recommendations to guarantee effective implementation of the ‘clock-in/clock-out’ system and to monitor the observance of working hours. Since the publication on March 12, 2019 of Royal Decree 8/2019 on urgent […]
Digital labor rights and substantial increases in contributions, some of the labor innovations for 2019
The month of December 2018 and the first few days of January 2019 have been particularly prolific with respect to labor innovations. Some of these innovations have been practically eclipsed, without having received the attention they deserve. Reading this post will bring you fully up to date with the most important labor innovations in the […]
The courts fail to agree over the law applicable to employment contracts of cabin crew
A legal debate has arisen over which legislation applies to the employment contracts of airline cabin crew: the legislation of the country in which the worker was hired?, or the legislation determined by the employer’s nationality? When a strike occurs at an airline or at companies providing ground handling services related to air traffic, […]
A hidden consequence of the new extended validity regimen
Article 84.1 of the Workers’ Statute establishes that: “while a collective labor agreement is in force, unless agreed otherwise, it cannot be affected by the provisions of collective labor agreements with a different scope of application”. This provision essentially prohibits encroachment by collective labor agreements. Therefore, while a collective labor agreement is in force, it […]
The lack of priority in the application of the collective labor agreement of the work center
A major new change brought by the 2012 labor reform was the principle that companywide collective labor agreements take priority over sectoral collective labor agreements in matters such as wages, compensation for overtime, timetable and distribution of working time, shift work arrangements, vacation planning, etc.; in other words, the most important working conditions for both […]