Category: Dismissals
Uncertainty continues to surround the supposed prohibition to dismiss workers on COVID-19 related grounds
The supposed prohibition of dismissal continues to give rise to contradicting judgments by the labor courts. In times of economic uncertainty, the controversial clause that is intended to limit dismissals is creating legal uncertainty both for businesses and workers. Up until now, while we wait for the Supreme Court to unify the criteria, contradictory decisions […]
Can COVID-19 be considered a stigmatized illness for characterization of a dismissal in Spain?
The court judgments that have ruled so far on the characterization of dismissals due to reasons related to COVID-19 -of which a few were described in our October 1, 2020 post-, have done so by interpreting the “dismissal ban” contained in article 2 of Royal Decree-Law 9/2020, which has been extended to remain in effect […]
‘Do not disturb’: Digital disconnection and training in the workplace in times of teleworking and COVID-19
Over the last few months the use of distance working in all its forms as a means of promoting flexibility and striking a work/life balance, as a temporary measure to contain COVID-19, is now commonplace in numerous sectors and companies. In this post we analyze the implications of telework in connection with the right to […]
Fired for using social media: Where is the red line in Spain?
In an environment where social media is an amplifier of everything anyone does, a question that comes to mind is whether the activities of workers inside or outside the workplace, by posting pictures, videos or comments could be regarded as employee misconduct that is cause for dismissal. At the beginning of 2020, the media reported […]
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 […]