Category: Legislative developments
Labor law challenges in 2021: digital rights, regulation of digital platforms and 4-day workweeks?
In this post, we tackle some of the labor law challenges that are present for 2021 in such areas as equality, digital rights, minimum wage, forced retirement or the working conditions of workers under outsourcing arrangements or digital platforms. During the last 2020, the dramatic health situation has been accompanied by a legislative whirlwind which, […]
Codes of ethics and compliance with employment legislation
Company codes of ethics and conduct are useful as instruments with which to regulate interaction and relations within an organization and establish what is expected of each person in it, but they should never overreach their scope and encroach on areas which are regulated by employment legislation. Employment law requires companies to put measures in […]
Doubts concerning the commitment to maintain jobs in relation to ERTEs (temporary lay-off procedures)
The various rules approved since the declaration of the state of emergency for the purpose of regulating ERTEs have generated a series of legal questions on which employers require clarification. One example is the uncertainty surrounding the commitment to maintain jobs, in a scenario which has proved to be more complicated and longer lasting than […]
The assumed prohibition of dismissal on grounds related to COVID-19
Recently, there have been several contradictory court judgments in relation to the classification of the grounds for dismissal related to COVID-19. The issue to be resolved is whether the unjustified nature of a dismissal related to COVID-19 leads to the consideration of unlawful dismissal and can even be considered as null and void. The dispute […]
Companies will have to pay the expenses associated to telework
The new legislation regulating working from home (called telework when electronic means are used) has finally been published and requires companies to pay the associated expenses or reimburse them, without workers assuming expenses related to equipment, tools or the necessary means to perform their work. But, will this have tax and Social Security consequences? Royal Decree-Law 28/2020, […]
Back to an “ERTE”: solutions on how to survive outbreaks of COVID-19
Companies that have been affected by COVID-19 outbreaks and the strengthening of certain measures and administrative restrictions could consider implementing a temporary collective layoff procedure that enables them to survive the second wave of the pandemic. Companies did not exactly make a killing in August this year. The macroeconomic figures provided by the different official bodies, […]