Category: Employment contracts
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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 […]
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The prohibition on competition must be in line with the duration of the employment contract
A Catalonia High Court judgment has deemed that the post-contractual noncompete undertaking cannot exceed the duration of the employee’s contract. The ban on employees competing with their employers during the term of their employment relationship is imposed by law. However, it is also possible to limit competition following the termination of the employment contract. To […]
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Digital labor rights and substantial increases in contributions, some of the labor innovations for 2019
The month of December 2018 and the first few days of January 2019 have been particularly prolific with respect to labor innovations. Some of these innovations have been practically eclipsed, without having received the attention they deserve. Reading this post will bring you fully up to date with the most important labor innovations in the […]
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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 […]
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Can 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 […]
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The 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, […]