Category: Dismissals
The company is not responsible for all work-related accidents
Not every accident occurring at work or related to work is considered a work-related accident under Spanish law. Specifically, among other cases, an accident caused by willful misconduct or recklessness of the employee is not considered to be an accident at work, unless the recklessness is a consequence of the habitual execution of a job […]
Turning point in the management of disciplinary dismissals after the Supreme Court has determined the need to hear the employee first
In a recent ruling, the Supreme Court has changed its doctrine on the procedure for executing disciplinary dismissals. From now on, Spanish companies must hear the employees before notifying them of the disciplinary dismissal, except in cases in which the company cannot reasonably be required to do so. In its ruling of November 18, 2024, […]
Kinship may be a cause for nullity of dismissal, but it is not automatic
Within the ever-growing list of causes of discrimination referred to employment relationships, we cannot forget that kinship with persons belonging to or related to the company may also be a cause of nullity of dismissal, but it does not cause such nullity automatically. Article 17.1 of the Workers’ Statute (WS) considers null and void unilateral […]
The payment in installments of a severance compensation is compatible with the receipt of non-contributory unemployment benefits
The Supreme Court considers that the payment of a severance compensation in installments in progressive monthly amounts over several years through the subscription of an insurance policy is compatible with the non-contributory unemployment benefit for which, among other requirements, the recipient needs to have no income. It is not unusual for companies and employees to […]
Summer mix 2024: A refresher on five hits of employment law
Providing services in high temperatures, working remotely in the summer or during school summer vacation, appropriate clothing for working in summer or digital disconnection are some of the big issues that arise in companies at this time of year. On the hottest days of the year, on the eve of the central weeks of summer […]
Is the professional athlete entitled to severance payment when voluntarily leaving the sports entity?
With the end of the European Championship, on the eve of the Paris 2024 Olympic Games, and in the middle of the summer soccer transfer market, professional sports become the center of attention. In this scenario, we analyze whether professional athletes have the right to be compensated when their own will prevents the renewal of […]