After 10 months with a caretaker Government in Spain and therefore a limitation of its most important powers (in particular, promoting legislative and political initiatives), a new legislature has now commenced in which we are therefore likely to see the implementation of changes to legislation that will affect a number of areas of Spanish law, […]read more
A controversial issue in the area of labor relations has been the possible annulment of dismissal notified to a worker on sick leave, as a breach of the fundamental right of non-discrimination consecrated in article 14 of the Constitution. Until now, the Supreme Court has considered that “illness, from a specifically functional perspective of the […]read more
The supreme court rules that dismissals qualify as a collective layoff (redundancy) where they exceed the legal thresholds at an establishment with more than 20 workers
The Supreme Court has ruled, in a judgment delivered on October 17, 2016, that for the purposes of determining the existence of a collective layoff, the reference unit must be the company, if the thresholds established in article 51.1 of the Workers’ Statute are exceeded at the company as a whole, and establishments that normally […]read more
Under the collective labor rules on the refund of accommodation and living expenses, companies usually lay down guidelines or in-house rules on questions such as the valid documents for supporting the expense, the time limit for the worker to support the incurred expense, compliance with a specific procedure or application form for a refund, and […]read more
Andalucía High Court (Labor Chamber, sitting in Seville) has delivered various judgments in recent months (judgments of July 1 and November 5, 2015, and of July 18, 2016), concluding that a worker applying for lactation breaks, whether male or female, is not entitled to those breaks if the other parent is unemployed. The particular message […]read more
What happens when workers under indefinite-term contracts for seasonal work have a temporary disability when they are called to work?
The supreme court judgment of July 14, 2016, which went by almost completely unnoticed, dealt with this unique issue affecting workers under indefinite-term contracts for seasonal work, and the companies using this contract type. In the examined case, at the beginning of every season, the defendant company called the workers under indefinite-term contracts for seasonal […]read more