Blog
Force majeure temporary layoff in Spain: labor solution before a cyberattack?
A judgment by the National High Court opened up the possibility of applying a temporary layoff file as a company is compromised by a hack and cannot go on with its activity as usual. On March 9, 2021, a routine morning at Spain’s State Public Employment Service (SEPE) turned into a day of chaos and […]
The dismissed workers’ legal representative loses this status as the judgment is being resolved
A judgment handed down by the Labor Chamber of the Supreme Court has declared that the status of workers’ representative cannot be exercised from the time of the disciplinary dismissal until the court ruling is handed down. This does not violate the provisions of article 67.3 of the Workers’ Statute regarding the duration of the […]
Spain: This is how the breastfeeding leave will be after the entry into force of Royal Decree-law 7/2023
The recently approved regulation (*) eliminates the need of a collective bargaining or individual agreement with the company when approving the accumulation of breastfeeding leave but does not change anything in terms of the duration of this leave. In the era of clickbait – in Spanish, according to the RAE, cyberhook, cyberbait or clickcatcher – […]
Must the company pay the overtime claimed if there is no record of working hours?
The majority opinion of the labor courts determines that the employer’s breach to comply with the obligation to record working hours presume the performance of overtime if evidence is provided by the employee. Traditional case law on overtime required the employee to prove the performance of all the overtime claimed, demanding strict and detailed proof […]
Infringement of the right to digital disconnection does not justify any additional compensation
The Labor Chamber of the High Court of Justice of Catalonia has determined that subduing an employee to very long working days and untimely working time, thus compromising his right to rest and digital disconnection, entitles the employee to the right to extinguish the contractual relationship, but not to be awarded any compensation associated with […]
Can a dismissal with formal defects be remedied?
Occasionally, a dismissal can be frustrated by not complying with a series of formal requirements. In such cases the labor regulations provide for some options allowing companies to rectify the dismissal and make it valid. The law and some collective agreements provide for a series of formal requirements for dismissal, whose strict compliance is essential […]