Spain: This is how the breastfeeding leave will be after the entry into force of Royal Decree-law 7/2023

The recently approved regulation (*) eliminates the need of a collective bargaining or individual agreement with the company when approving the accumulation of breastfeeding leave but does not change anything in terms of the duration of this leave. In the era of clickbait – in Spanish, according to the RAE, cyberhook, cyberbait or clickcatcher – […]

Must the company pay the overtime claimed if there is no record of working hours?

The majority opinion of the labor courts determines that the employer’s breach to comply with the obligation to record working hours presume the performance of overtime if evidence is provided by the employee. Traditional case law on overtime required the employee to prove the performance of all the overtime claimed, demanding strict and detailed proof […]

Infringement of the right to digital disconnection does not justify any additional compensation

The Labor Chamber of the High Court of Justice of Catalonia has determined that subduing  an employee to very long working days and untimely working time, thus compromising his right to rest and digital disconnection, entitles the employee to the right to extinguish the contractual relationship, but not to be awarded any compensation associated with […]

Labor and employment implications on the use of instant messaging applications

The widespread use of new communication tools such as instant messaging applications has legal and labor implications that should be taken into account. We review some rulings in this regard. Devices such as cell phones, tablets and computers are part of workers’ personal and professional lives. Furthermore, the increase in working from home as a […]

May children’s extracurricular activities justify a certain adaptation of the working day in Spain?

Since its introduction in our legal system, the adaptation of working hours regulated in article 34.8 of the Workers’ Statute has been gaining ground as a measure to reconcile the work and family life of employees. However, the adaptations requested do not always meet the requirements of reasonableness and proportionality established in the law. The […]

The EU equates cross-border teleworking to the EU posted employees

A framework agreement has been published that brings the social security treatment of cross-border teleworkers in the EU into line with that of EU posted employees. The Social Security regulation applicable to cross-border teleworking is no longer a ‘rara avis’ but an increasingly common phenomenon that companies will have to learn to live with. The […]

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