Category: Dismissals
Use of GPS tracking only valid during working hours
With barely two months to go until the entry into force of the new General Data Protection Regulation (May 25, 2018), its impact on labor relations continues to be a live issue. On previous occasions we have talked about recordings obtained from video surveillance cameras and their use in the area of labor relations as […]
Mistakes which may end up being expensive in the indemnity for dismissal for objective reasons
One of the aspects which has always caused most concern when embarking on a dismissal for objective reasons is the correct provision of the indemnity provided for this form of termination of contracts. The provision of the indemnity itself at the same time as the notice of dismissal, by check or transfer. The determination of […]
Transfer of undertakings: resignation or unjustified dismissal?
Contracting involves an agreement between two companies or entities under which one of such companies or entities undertakes to perform work or provide a specific service to the other. In this regard and, due to the structure of our legal system, there is a great deal of labor conflict when a company decides to take […]
Broadened basis for computation of severance pay
It used to be widely held by the courts that employers’ contributions to workers’ life insurance, medical insurance and pension plans had to be left out of the basis for computation of severance pay. Their reasoning was that according to the definition of salary contained in article 26 of the Workers’ Statute (Estatuto de los […]
Is “venting” on a social network a ground for dismissal?
This past March, the High Court of Justice of Extremadura upheld a judgment that had declared as unjustified the dismissal of a worker who had posted on a well-known social network a series of statements against his company and his colleagues for not finding someone to cover for him on the occasion of the death […]
How far can prohibitions go (during and outside) working hours?
An article in the Financial Times announced that an insurance company was going to ban its employees from drinking alcohol during their lunch break, and anyone caught doing so could face penalties and even dismissal. The introduction of these kinds of prohibitions in the context of employment relationships usually sparks heated debate from a legal […]