Category: Dismissals
Social Networks bring Big Brother into the world of labor relations
The number of collective bargaining agreements which regulate aspects of the use of social networks is on the increase. Companies can lay down rules on their proper use and regulate certain forms of conduct, insofar as these could prove detrimental to the image, reputation or functioning of the business. It was back in 1949 that […]
The Supreme Court clarifies the requirements to prevent a dismissal for supervening unfitness from being declared void
According to a judgment of the Spanish Supreme Court, in order to prevent a dismissal for supervening unfitness (ineptitud sobrevenida) from being declared void, an employer must prove that reasonable accommodation has been provided, and such accommodation must not constitute a disproportionate burden for the employer. It is possible to question whether the termination of […]
A dismissed worker can change his mind during a conciliation hearing concerning a prior agreement with the company
Let’s start with some background. A company dismisses a worker on disciplinary grounds, notifying him by means of a letter that does not explain the grounds but rather only refers to a “continued and voluntary reduction in performance.” At the same time, both parties reach a financial agreement and undertake that the company will recognize […]
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 […]