Category: Labor law and working conditions
Vacation in the time of covid-19: can the vacation period be changed?
The summer months are here, which is when employees at most companies take their vacations. In the current context created by the pandemic a shortage of work in many sectors and uncertainty over what will happen in the final months of the year are raising a stream of doubts over whether companies can take steps […]
Childbirth leave established in collective labor agreements in limbo following extension of paternity leave
A reform was carried out in 2019 which extended childbirth leave. In exchange, the former leave for this reason was ended, because the new regulation defeated the purpose for such leave. However, childbirth leave continues to appear in some collective labor agreements, which has forced the courts to interpret its application case by case. […]
Accidents in a working environment when the worker is under the effects of alcohol: to what extent is the company liable?
In recent decades, the courts’ interpretation of work-related accidents when a person is under the effects of alcohol have varied: whereas in older judgments, the company had to make an additional effort to prove that the accident was related to drunkenness, more frequent rulings are based on the fact that all conduct by a person […]
Issues to consider in recovering paid time off during the state of emergency
Pursuant to Royal Decree-law 10/2020 of March 29, 2020, as from the end of the state of emergency on June 21 until December 31, 2020, companies will be able to recover the hours of their workers on paid leave from March 30 to April 9, 2020. The Royal Decree-law forced all workers that were not […]
Inclusion and diversity: beyond equality, what can companies do?
Although Spain is one of the countries with the most advanced legislation on inclusion and diversity, companies can incorporate different initiatives that help to ensure the protection of everyone in a labor environment. On June 26, the world celebrated what is commonly known as the ‘LGBT Pride Day’. The date is not irrelevant and takes us […]
Preventive measures upon the resumption of work: are they compulsory for the worker?
Employers have the duty to effectively protect their workers and to prevent possible occupational risks, also in the context of COVID-19. However, when applying measures, workers’ rights must be taken into account in the event of possible effects on their privacy, dignity and physical integrity. With the third of the extensions of the state of […]