How to apply spanish labor legislation?: ask europe

The Court of Justice of the European Union has been qualifying or directly modifying over the years the judgments of the Spanish courts, interpreting employment rules in the light of Community law. The Court of Justice of the European Union was created in 1952. Thirty-three years later, Spain and Portugal signed, in June, the treaty […]

Voluntary collaboration by employers in the management of sick leave benefits comes to an end

Voluntary collaboration by employers in the management of sick leave benefits comes to an end   May 30, 2019 Verónica Lagares Tena   The approval of Royal Decree-law 28/2018 has done away with voluntary collaboration by employers in the management of sick leave benefits due to common contingencies – non-occupational illnesses or accidents-. Voluntary collaboration […]

The Supreme Court clarifies the requirements to prevent a dismissal for supervening unfitness from being declared void

According to a judgment of the Spanish Supreme Court, in order to prevent a dismissal for supervening unfitness (ineptitud sobrevenida) from being declared void, an employer must prove that reasonable accommodation has been provided, and such accommodation must not constitute a disproportionate burden for the employer.  It is possible to question whether the termination of […]

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