Category: Labor law and working conditions
No protection from employers for breastfeeding working mothers could be discrimination on grounds of sex
Equality between female and male employees at the workplace is very topical at the moment and over recent months a completely new movement has appeared in Spain seeking to stamp out any discrimination against female workers on grounds of sex. Still a source of conflict is the protection of women who are pregnant, have recently […]
Withdrawal of driving license could place job at risk
Where a valid driving license is needed for workers to perform the duties attached to their jobs the question to be asked is what happens if a worker’s driving license is withdrawn as a result of a traffic offense. In those cases, can the company interrupt or terminate the employment relationship? The Supreme Court shed […]
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 […]