Category: Employment contracts
Evidence supplied by detectives to prove labor infringements is only valid in the case of well-founded suspicions
For a company to be able to have a worker lawfully monitored by a detective, mere indications of possible irregular conduct are not enough. A few years ago we commented in this blog on the possibility of an employer seeking a detective’s services where the employer suspects fraudulent conduct on the part of one of […]
read moreCan they fire me if I don’t agree to working part-time?
A judgment from the Supreme Court reopens the debate on dismissals of employees who refuse to change their full-time contract to part-time when there is a reduction in the company’s workload. A full-time contract is linked to the performance of the tasks specific to the category engaged, within the working hours set by the collective […]
read moreThe courts fail to agree over the law applicable to employment contracts of cabin crew
A legal debate has arisen over which legislation applies to the employment contracts of airline cabin crew: the legislation of the country in which the worker was hired?, or the legislation determined by the employer’s nationality? When a strike occurs at an airline or at companies providing ground handling services related to air traffic, […]
read moreSpeaking English at work may become compulsory
Obliging workers to communicate in English at work may not be lawful in general, however there are mechanisms to require it in positions in which it is essential. One year ago, in September 2017, the Directorate General of Civil Aviation, which belongs to the Ministry of Development, confirmed that it would not limit the application […]
read moreTo have access to a public contract, companies must adopt measures for disabled workers
Breaching the law that requires reserving job positions for disabled persons not only entails statutory penalties but now may also bar a company from the possibility of opting for a significant public contract. Since this past March 2018, according to the new wording of the Public Sector Contracts Law, there is a statutory prohibition on […]
read moreRequirements for the electronic signature of employment contracts
In the era of WhatsApp, apps and LinkedIn we live in , the question arises as to whether the electronic signature of the employment contracts equivalents to the traditional handwritten signature. In order to answer that question, we must turn our sights to Regulation No 910/2014 on electronic identification and trust services for electronic transactions […]
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