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 […]

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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 […]

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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 […]

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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 […]

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Limits on workplace dress code policies

Limits on workplace dress code policies Last August we posted an article on how a male worker in the UK decided to turn up for work in a dress, after previously having been reprimanded by the company for turning up in shorts, in mid-summer, and sent home to change. In that article, we reasoned that […]

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Ineptitud vs Incapacidad

When ineptitude does not entail disability

This is one of the ongoing (and most incomprehensible) disputes that arise following temporary disability or sick leave. After using up the maximum sick leave, an employee goes to the Disability Assessment Team of the National Social Security Institute (Instituto Nacional de la Seguridad Social or INSS) for an assessment of the possibility of returning […]

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