Category: Labor law and working conditions
How to limit an employer’s liability for an occupational disease acquired by a worker from more than one job
Where a worker acquired an occupational disease while working for different employers, it will be essential for those employers to provide evidence that the necessary safety measures were taken during the period in which the worker formed part of their workforce, with a view to limiting potential damages for civil liability on such grounds. This […]
The Supreme Court clarifies the requirements to prevent a dismissal for supervening unfitness from being declared void
According to a judgment of the Spanish Supreme Court, in order to prevent a dismissal for supervening unfitness (ineptitud sobrevenida) from being declared void, an employer must prove that reasonable accommodation has been provided, and such accommodation must not constitute a disproportionate burden for the employer. It is possible to question whether the termination of […]
A dismissed worker can change his mind during a conciliation hearing concerning a prior agreement with the company
Let’s start with some background. A company dismisses a worker on disciplinary grounds, notifying him by means of a letter that does not explain the grounds but rather only refers to a “continued and voluntary reduction in performance.” At the same time, both parties reach a financial agreement and undertake that the company will recognize […]
Medical checkups: voluntariness and limits on the right to privacy
In accordance with article 22 of Occupational Risk Prevention Law 31/1995, of November 8, 1995, employers are obliged to guarantee workers the periodic monitoring of their health according to the risks inherent in their position and must offer staff the possibility of having periodic medical checkups and specifically, according to Spanish case law, at least […]
Physical exercise: a contractual obligation?
There are numerous studies linking the regular practice of physical exercise to greater productivity in the workplace. Exercise improves health in general, so logically it enables our bodies to be in a better condition to perform our duties at work. That is the conclusion reached by many studies, one of which is called “The effect […]
Can companies ban smoking even in outdoor spaces?
In its November 13, 2017 judgment, the High Court of Justice of Cantabria rejected a complaint filed against a company that prohibited smoking throughout its factory grounds, including in outdoor spaces where workers went to smoke during their 15-minute breaks. The issue is interesting because it is not a case of determining whether employees can […]