Category: Labor law and working conditions
Spain: Is it possible to delay the effective compliance with a disciplinary penalty until it is upheld?
In general, disciplinary penalties relating to employment are directly fulfilled by the worker, even though they may be contested in court. However, is there an alternative formula possible in which the effective compliance with the penalty can be delayed until it is upheld, either because the worker does not contest it in court or, having […]
The impact on occupational risk prevention of teleworking from different locations
From the standpoint of occupational risk prevention, the possibility of teleworking from different locations can involve an increase in costs, as well as difficulties in ensuring that workers are adequately protected from the risks of their job position. An employer’s obligation to assess occupational risks is associated with the job position in question. Such assessment […]
Spain: Incorrectly making special payments on a pro rata basis may no longer have consequences for companies
A Supreme Court judgment has rekindled the debate on the consequences that making special payments on a pro rata basis may have for companies when the collective labor agreement expressly prohibits such practice. Article 31 of the Workers’ Statute acknowledges the right of employees to two special payments per year: one at Christmastime and the […]
Data protection challenges in an employment context
Technological evolution, globalization and the use of Internet constantly raise new questions regarding how to act in situations with a potential impact on personal data protection. This is especially relevant in an employment context, in which multiple situations arise in which it becomes necessary to analyze the impact of an employer’s decisions in connection with […]
New clues in the labyrinth of international telework
The Administrative Commission for the Coordination of Social Security Systems of the European Commission has published a guiding memorandum on international telework and the Social Security system applicable in cases in which services are provided remotely under the framework of the European Union. International telework continues to be the great unknown in our legal system, […]
Working towards a law on human rights due diligence in an employment context
The eradication of forced child labor, the fight against discrimination at work and the protection of and respect for human rights all form part, together with other measures, such as combatting environmental impact, of the principles laid down in the UN commitment acquired in the 2030 Agenda for sustainable development, which was assumed by Spain […]