Category: Dismissals
The courts continue to fight the excessive use of temporary contracts
Temporary contracts are in the cross hairs. The adaptation of Spanish law to European Union (EU) legislation in this area is a matter that has been ruled on in recent years by the Court of Justice of the European Union (CJEU) which, by answering the questions referred to it for preliminary rulings, is having a […]
Dismissal for absenteeism: the right to physical integrity against the right to productivity
Recent news that the Constitutional Court supported the objective dismissal of a worker who had clocked up nine days’ sick leave over a period of two consecutive months has sparked comments by journalists and on social media that have been treating this item as breaking news or as an after-effect of the labor reform. They […]
Recording workers with hidden cameras does not necessarily violate the right to privacy
The recent ruling by the Grand Chamber of the European Court of Human Rights (ECHR) in the López Ribalda case opens a new episode in the use of video surveillance as a means of monitoring by employers and concludes that there is no violation of the rights to privacy of workers who were not informed […]
Can the dismissal of a woman become discriminatory on gender grounds?
For a dismissal not to be discriminatory, it suffices to show that there is a ground for dismissal that is entirely free from any type of discrimination. However, the burden of proof falls on the employer and the dismissal can be deemed null and void if this circumstance cannot be evidenced, even if the worker […]
The Supreme Court clarifies the criteria applicable when calculating time-periods in relation to objective dismissals on the grounds of absenteeism
Following a series of contradictory rulings, a recent judgment has clarified that the percentage of absences justifying the dismissal must necessarily be reached in a four-month period. Consequently, if said percentage is reached in a shorter period, the dismissal is unjustified. An employer may dismiss an employee due to absences from work, even where such […]
The time has come to pay (or not to pay) the annual bonus
Once the financial year has ended, many companies make an analysis of their results for the purposes of paying their workers an annual bonus during the early part of the following year, in line with the terms set out in the company’s remunerations policy. However, the complicated nature of employment relationships means that, in certain […]