Category: Employment contracts
The company can recover the compensation paid for a post-contractual non-compete agreement declared null
When a post-contractual non-compete agreement is declared null because it does not comply with the legally established requirements, the company can, in certain cases, recover the amounts paid to the employee as consideration, because the cause that justifies it disappears. Article 21.1 of the Workers’ Statute (WS) prohibits employees from rendering services for several employers […]
Summer mix 2024: A refresher on five hits of employment law
Providing services in high temperatures, working remotely in the summer or during school summer vacation, appropriate clothing for working in summer or digital disconnection are some of the big issues that arise in companies at this time of year. On the hottest days of the year, on the eve of the central weeks of summer […]
Is the professional athlete entitled to severance payment when voluntarily leaving the sports entity?
With the end of the European Championship, on the eve of the Paris 2024 Olympic Games, and in the middle of the summer soccer transfer market, professional sports become the center of attention. In this scenario, we analyze whether professional athletes have the right to be compensated when their own will prevents the renewal of […]
How the Supreme Court counts periods of inactivity in seasonal contracts
We analyze the rulings of the Spanish Supreme Court on how periods of inactivity in seasonal contracts are counted for seniority bonus, loyalty bonus, professional promotion or severance pay. During the not much more than two years in which the reform of Article 16 of the Workers’ Statute regulating seasonal contracts has been in force, […]
Occupational risk prevention, in adaptation phase to a new working environment
Close to the World Day for Safety and Health at Work, we review some of the challenges posed by occupational risk prevention and its regulation, such as, for example, achieving its true integration into company management, the framework of corporate responsibilities, considering different types of companies or the preventive legal status of self-employed workers. Since […]
Force majeure temporary layoff in Spain: labor solution before a cyberattack?
A judgment by the National High Court opened up the possibility of applying a temporary layoff file as a company is compromised by a hack and cannot go on with its activity as usual. On March 9, 2021, a routine morning at Spain’s State Public Employment Service (SEPE) turned into a day of chaos and […]