Category: Dismissals
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 […]
Right to privacy and digital disconnection: can the company call an employee on sick leave?
Absenteeism from work is a problem of concern to companies. One of its main causes is temporary incapacity, so it is common for organizations to consider implementing protocols to verify the employee’s state of health, in which the possibility of contacting the employee is contemplated. But can companies call employees on sick leave? According to […]
Force majeure temporary layoff in Spain: labor solution before a cyberattack?
A judgment by the National High Court opened up the possibility of applying a temporary layoff file as a company is compromised by a hack and cannot go on with its activity as usual. On March 9, 2021, a routine morning at Spain’s State Public Employment Service (SEPE) turned into a day of chaos and […]
Can a dismissal with formal defects be remedied?
Occasionally, a dismissal can be frustrated by not complying with a series of formal requirements. In such cases the labor regulations provide for some options allowing companies to rectify the dismissal and make it valid. The law and some collective agreements provide for a series of formal requirements for dismissal, whose strict compliance is essential […]
Temporary disability does not automatically declare the dismissal null and void
After a year of application of the Integral Law for equal treatment and non-discrimination, the labor courts and tribunals have made a criterion up progressively on the dismissal of employees in a situation of temporary incapacity. Law 15/2022, of 12 July, on equal treatment and non-discrimination, in force since 14 July 2022, introduced legal developments […]