Category: Dismissals
Broadened basis for computation of severance pay
It used to be widely held by the courts that employers’ contributions to workers’ life insurance, medical insurance and pension plans had to be left out of the basis for computation of severance pay. Their reasoning was that according to the definition of salary contained in article 26 of the Workers’ Statute (Estatuto de los […]
Is “venting” on a social network a ground for dismissal?
This past March, the High Court of Justice of Extremadura upheld a judgment that had declared as unjustified the dismissal of a worker who had posted on a well-known social network a series of statements against his company and his colleagues for not finding someone to cover for him on the occasion of the death […]
How far can prohibitions go (during and outside) working hours?
An article in the Financial Times announced that an insurance company was going to ban its employees from drinking alcohol during their lunch break, and anyone caught doing so could face penalties and even dismissal. The introduction of these kinds of prohibitions in the context of employment relationships usually sparks heated debate from a legal […]
Is it legal to use surveillance cameras in the context of disciplinary dismissals?
On January 31 and February 2, 2017, the Supreme Court handed down two relevant judgments in which it analyzed whether or not fundamental rights are violated when recordings from video surveillance cameras are used for disciplinary purposes without having formally informed the workers of the installation of the cameras. In recent years, the majority position […]
Future regulatory framework of employment law: 55 proposals
After 10 months with a caretaker Government in Spain and therefore a limitation of its most important powers (in particular, promoting legislative and political initiatives), a new legislature has now commenced in which we are therefore likely to see the implementation of changes to legislation that will affect a number of areas of Spanish law, […]
Has the debate re-opened as to whether or not dismissal during sick leave is null and void?
A controversial issue in the area of labor relations has been the possible annulment of dismissal notified to a worker on sick leave, as a breach of the fundamental right of non-discrimination consecrated in article 14 of the Constitution. Until now, the Supreme Court has considered that “illness, from a specifically functional perspective of the […]