What is the cost of replacing a person with a robot?

A recent judgment of Labor Court no. 10 of Las Palmas de Gran Canaria has held that the introduction of a robot (or bot) in the working organization at a company is not sufficient grounds to justify a worker’s dismissal. The ruling, dated September 23, 2019, analyzes the dismissal of an employee engaged in certain […]

read more

The courts continue to fight the excessive use of temporary contracts

Temporary contracts are in the cross hairs. The adaptation of Spanish law to European Union (EU) legislation in this area is a matter that has been ruled on in recent years by the Court of Justice of the European Union (CJEU) which, by answering the questions referred to it for preliminary rulings, is having a […]

read more

Dismissal for absenteeism: the right to physical integrity against the right to productivity

Recent news that the Constitutional Court supported the objective dismissal of a worker who had clocked up nine days’ sick leave over a period of two consecutive months has sparked comments by journalists and on social media that have been treating this item as breaking news or as an after-effect of the labor reform. They […]

read more

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 […]

read more
Pueden despedir a una mujer por su condición

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 […]

read more

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 […]

read more
Pages 1 of 4