Amending a contract

The limit for “self-terminating” a contract after a material modification to conditions

In the last quarter of 2016, the Supreme Court had occasion to rule on the possibility of rejecting the application of the employment contract termination mechanism contained in article 41.3 of the Workers’ Statute (WS) where the harm suffered by the worker is not evidenced. The facts of the case were as follows. In December […]

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Man watching an employee work via a closed-circuit video monitor

Is it legal to use surveillance cameras in the context of disciplinary dismissals?

On January 31 and February 2, 2017, the Supreme Court handed down two relevant judgments in which it analyzed whether or not fundamental rights are violated when recordings from video surveillance cameras are used for disciplinary purposes without having formally informed the workers of the installation of the cameras. In recent years, the majority position […]

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Businessman driving a car

Accidents to/from work when the route is changed to take a colleague home

According to figures from the Ministry of Employment and Social Security, in 2016 there were a total of 46,845 traffic accidents to/from work, which constitutes an 8.4% increase in these types of accidents with respect to the previous year. In this context, the Supreme Court continues to shape its criteria when classifying as an occupational […]

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worker strike

New developments in the right to strike

Not long ago in this Blog we spoke about the extremely protectionist tendency of case law in relation to the right to strike, which prohibits practically all actions by businesses that directly or indirectly help to lessen its effects. However, we have recently encountered two rulings, one by the Supreme Court and the other by […]

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Time off work for union duties is not generated during the holidays

The recent judgment by the Supreme Court of February 1, 2017 confirms its thinking in 2015 which held that time off work for union duties during the holiday period did not have a legal basis because it is paid leave that cannot be enjoyed when the employee is not working. In the case reviewed by […]

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La falta de prioridad aplicativa del convenio de centro de trabajo

The lack of priority in the application of the collective labor agreement of the work center

A major new change brought by the 2012 labor reform was the principle that companywide collective labor agreements take priority over sectoral collective labor agreements in matters such as wages, compensation for overtime, timetable and distribution of working time, shift work arrangements, vacation planning, etc.; in other words, the most important working conditions for both […]

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