Category: Labor law and working conditions
Smoking three packs of cigarettes a day does not prevent a heart attack from being considered as a work-related accident
Supreme Court case law assumes that cardiovascular damage is a work-related accident, due to the fact that stress from work often triggers or contributes to cardiovascular disease. The Supreme Court has ruled the death of a security guard that suffered a sudden heart attack at work and during working hours as a work-related accident, […]
When are tips considered part of a worker’s wages?
If the tip is a direct transfer between the customer and the worker without the company’s involvement, it will not form part of the worker’s wages. The lack of labor regulations governing tips in many business sectors (with some exceptions, such as the casino sector which does regulate them) leaves us with myriad questions regarding […]
Childbirth leave: on your mark, get set… SHARED RESPONSIBILITY!
Measures aimed at eliminating imbalance in the domestic workload pave the way for new childbirth leave for fathers so that they can share the responsibilities that come with childbirth with their spouses. The plenary session of the Lower House of the Spanish Parliament held on October 16 unanimously approved (with no more and no less […]
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 […]
The courts introduce new criteria for determining the start date of paid leave
In recent months, several judgments of the Supreme Court and the National Appellate Court – some of them contradictory – have interpreted the moment at which the period for enjoying paid leave should be deemed to start. On April 5, we published a post on the moment when paid leave starts in which we analyzed […]
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, […]