Category: Labor law and working conditions
Beginning of the end of fraudulent temporary contracts?
Last Thursday the Government announced a set of measures that are going to be proposed to social partners at the Employment Quality Table, in order to combat unjustified temporary contracts in the employment market and encourage job stability. With the new proposed legislation, the fine that could be imposed by labor inspectors would increase exponentially, […]
Effectiveness and use of codes of conduct
The current complexity of the global business environment, as a result of more dynamic commercial activity and personal relations, means that many companies have already implemented an internal code of conduct for their employees. From a labor law perspective, whether they form part of more generic compliance or corporate social responsibility policies or are independent, […]
Debate on keeping working time records reopens
As you might recall, around this time last year we were engaged in a debate over the employer’s obligation to keep daily working time records. The National Appellate Court initially held that the provision in article 35.5 of the Spanish Workers’ Statute on keeping daily working time records for the purposes of calculating overtime implied […]
Is a worker required to obey an international assignment order?
Few questions have raised as much controversy to date in the labor law sphere and, more specifically, in the international work assignment sphere. Initially, the Spanish courts tended to reject the mandatory nature of these instructions on the grounds that article 40 of the Workers’ Statute, decidedly national in its scope, did not expressly contemplate […]
Stricter legal controls on the temporary posting of workers in the EU
Three years after it was passed, Directive 2014/67/EU of the European Parliament and of the Council, of May 15, 2014, has been transposed into the Spanish legal system. The purpose of the European legislation is to ensure compliance with Directive 96/71/EC on the posting of workers under a services provision framework, which established: A list […]
Can stress cause an occupational accident?
The Social Security Law considers any bodily injuries sustained by a workerdue to or as a result of work performed as an employee on the payroll as an occupational accident. The Supreme Court, in turn, classifies the following situations as occupational diseases or accidents: accidents or injuries sustained directly by an employee while providing his/her […]