Category: Labor law and working conditions
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 […]
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 […]