Category: Labor law and working conditions
Unfair competition by a worker that has left the company may be claimed in a Labor Court
A judgment by the Supreme Court has stated that acts that may result in unfair competition performed by an employee after leaving the company may be judged in a Labor Court as a remote cause of the employment contract. The protection of confidential information leads to many companies signing non-compete clauses with their workers that […]
Can I be dismissed for being absent from work due to the weather?
The intensity of a meteorological phenomenon, the risk to the employee and the possibility of proving it are key factors in justifying absence from work. Either by snow and ice or torrential rain, different regions are often severely punished by meteorological phenomena that prevent many workers from attending work (or arriving on time). In this […]
Job offers: discrimination comes at a cost
Job offers by companies must avoid all possible discrimination. This not only helps to safeguard equal treatment in the organization, but also avoids possible fines. Even now in 2020, we often find job offers that do not guarantee a minimum principle of equal treatment and which are therefore discriminatory according to labor legislation: “Job vacancy […]
Can a company punish a worker using images from another employee’s mobile phone as evidence?
The Spanish Data Protection Agency (AEPD) concluded in a decision that punishing one employee on the basis of images captured with a mobile phone of another employee breaches data protection legislation. Companies must be extremely careful about how they obtain proof to take action against employees on disciplinary grounds. In its decision, the AEPD addressed […]
Gender equality plan: time is of the essence
Since last March, companies with more than 150 workers are obliged to prepare and implement a gender equality plan. In March 2021, this requirement will be extended to all companies with more than 100 workers and, in 2022, companies with more than 50 employees will also have to comply. The unprecedented situation we have been […]
What happens with the vacations of workers subject to an ERTE?
As a result of the COVID-19 pandemic and its impact on company business, many companies have been forced to use temporary contract suspension and reduced working hour procedures. When deciding what measure to implement, one of the issues that arises is the accrual of vacation during an ERTE. ¿Are workers still entitled to 30 days’ annual vacation […]