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Asbestos as a cause of professional illness in Spain: key issues in a scenario of legal uncertainty
The labor courts have declared that the death of José María Íñigo was the result of pleural mesothelioma due to the exposure to asbestos during his professional activity. On the occasion of the World Health and Safety in the Workplace Day on April 28, in this post we analyze the labor implications of the lethal […]
Telework crosses the Spanish border: how to hire workers that live in other countries?
If anything has been strengthened by the current COVID-19 pandemic, it is undoubtedly telework as a form of providing services that is not reserved exclusively for certain sectors, companies or positions. However, if we observe the phenomenon from an international perspective, the truth is that it poses a number of challenges for both companies as […]
Royal Decree on equal pay for women and men takes effect in Spain with three instruments: job evaluations, pay registers and pay audits
It is a relatively short piece of legislation (11 articles and nine provisions on just six pages) which introduces significant new rules aimed at ensuring pay transparency and equal pay for equal work at companies. Thanks to its short length and, at times, vague wording, it is a law that raises a number of questions […]
Right to a work-life balance vs. the right to rest: which should prevail?
In the event of a conflict between a worker’s right to a work-life balance and the right to rest, which right should prevail? According to the Labor Chamber of the Canary Islands High Court, the right to a work-life balance should always “win” in this conflict, provided that it is evidenced that the timetable chosen […]
Uncertainty continues to surround the supposed prohibition to dismiss workers on COVID-19 related grounds
The supposed prohibition of dismissal continues to give rise to contradicting judgments by the labor courts. In times of economic uncertainty, the controversial clause that is intended to limit dismissals is creating legal uncertainty both for businesses and workers. Up until now, while we wait for the Supreme Court to unify the criteria, contradictory decisions […]
Can COVID-19 be considered a stigmatized illness for characterization of a dismissal in Spain?
The court judgments that have ruled so far on the characterization of dismissals due to reasons related to COVID-19 -of which a few were described in our October 1, 2020 post-, have done so by interpreting the “dismissal ban” contained in article 2 of Royal Decree-Law 9/2020, which has been extended to remain in effect […]