Category: Labor law and working conditions
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, […]
Speaking English at work may become compulsory
Obliging workers to communicate in English at work may not be lawful in general, however there are mechanisms to require it in positions in which it is essential. One year ago, in September 2017, the Directorate General of Civil Aviation, which belongs to the Ministry of Development, confirmed that it would not limit the application […]
To have access to a public contract, companies must adopt measures for disabled workers
Breaching the law that requires reserving job positions for disabled persons not only entails statutory penalties but now may also bar a company from the possibility of opting for a significant public contract. Since this past March 2018, according to the new wording of the Public Sector Contracts Law, there is a statutory prohibition on […]
Could the inequality between paternity leave and maternity leave be unconstitutional?
A father has managed to have an appeal admitted by the Constitutional Court, in which he claims that the inequality between paternity leave and maternity leave is a form of discrimination. Last May the Constitutional Court (CT) admitted an appeal for the protection of constitutional rights filed by a father who had been denied the […]