Category: Dismissals
Thresholds considered in relation to collective layoff procedures: the CJEU changes the rules
A recent judgment by the Court of Justice of the European Union (CJEU) has established new criteria for determining the point at which a collective layoff procedure is required because the thresholds established for individual dismissals have been exceeded. The European court’s judgment brings added uncertainty for businesses in what are already difficult times, with […]
Can I be dismissed for being absent from work due to the weather?
The intensity of a meteorological phenomenon, the risk to the employee and the possibility of proving it are key factors in justifying absence from work. Either by snow and ice or torrential rain, different regions are often severely punished by meteorological phenomena that prevent many workers from attending work (or arriving on time). In this […]
The assumed prohibition of dismissal on grounds related to COVID-19
Recently, there have been several contradictory court judgments in relation to the classification of the grounds for dismissal related to COVID-19. The issue to be resolved is whether the unjustified nature of a dismissal related to COVID-19 leads to the consideration of unlawful dismissal and can even be considered as null and void. The dispute […]
Severance pay for the termination of a temporary contract can be offset against severance pay for an unjustified dismissal
The Supreme Court has determined that, if the termination of a temporary contract is declared to be an unjustified dismissal, companies do not have to pay double severance. Rather, the severance pay of 33 days’ pay per year worked will be subtracted from the severance pay of 12 days’ pay per year for the termination […]
Dismissal based on absenteeism: chronicle of a death foretold
law on grounds of urgency and need, even though it had existed for forty years. This post analyzes the dying days of dismissal for absenteeism and the arduous battle to defend productivity. Since the publication of the Constitutional Court judgment of October 16, 2019, which upheld the constitutionality of section d) of article 52 of […]
what are transnational framework agreements and why you didn’t know you want one
Transnational company agreements bolster company-worker relations by providing clear and stable rules. These kinds of agreements have been being signed for 10 years and there are already more than 300 identified in the joint database of the International Labor Organization and the European Commission. Lately I feel like a smartphone: the more I get updated, I […]