Category: Legislative developments
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 […]
The “uberization” of labor relations
When A.M. Snelson called Uber a “modern business phenomenon” in October 2016 and concluded that its drivers were not independent collaborators but rather were linked to the platform by means of a labor relationship, he didn’t know that in handing down his Judgment in London he was laying the foundations for a global review of […]
The importance of having rules in place on the use of it tools
In this day and age, the corporate world, and with it society in general, is inseparable from the intensive use of information technology, which has revolutionized communications, access to information, and it may even be said, the daily life of individuals and companies, and continues to do so. In the corporate world, alongside the undeniable […]
Should employers adopt specific measures in the workplace to protect confidential information?
In today’s competitive business environment, companies spend a great deal of time and money on obtaining developing and applying knowledge that may give them an edge over other competitors in a particular sector. The widespread use of new technologies, the globalization of the economy, the growth in outsourcing and high turnover of personnel in the […]
Partial retirement and concentration of working hours
A business practice that has long been demanded and, in many cases, applied, using various different formulas, despite its rejection by the National Social Security Institute and to a large extent by the Spanish courts, is that of concentrating the working hours corresponding to the entire duration of partial retirement, in a single period. Interest […]
Position taken by the Labor Inspection Authorities following the Supreme Court judgments releasing employers from the requirement to record time worked
In judgments handed down on March 23 and April 20, 2017, the Supreme Court rendered the position taken by the National Appellate Court void and ruled clearly that article 35.5 of the Workers’ Statute does not require employers to keep a daily record of time worked, but rather that said record is only required in […]