Blog
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 […]
On the road to equality at work: Where are we?
In 1957 the Treaty of Rome already contemplated the principle of equal pay between male and female workers for equal work, and therefore barred pay discrimination based on gender. And in March 2020 we heard the President of the European Commission say that “Gender equality is a fundamental principle of the European Union, but is […]
Women continue to suffer a gender pay gap even after they stop working
The difference in pay between the genders not only affects women during their working life, but also drags on afterwards, even in retirement. In March 2020, the average public pension benefit for men was €1,332.35 in Spain, versus only €877.39 for women, according to data published in the Secretary of State for Social Security’s digital […]
Accompanying a family member to the doctor does not give rise to paid time off
In a judgment handed down on December 9, the Supreme Court held that paid leave to attend to imperative public and personal duties, regulated in article 37.3 d) of the Workers’ Statute, does not cover a worker accompanying a family member to the doctor. The decision by the Labor Chamber was issued as a result […]