Blog
Labor and employment implications on the use of instant messaging applications
The widespread use of new communication tools such as instant messaging applications has legal and labor implications that should be taken into account. We review some rulings in this regard. Devices such as cell phones, tablets and computers are part of workers’ personal and professional lives. Furthermore, the increase in working from home as a […]
Temporary disability does not automatically declare the dismissal null and void
After a year of application of the Integral Law for equal treatment and non-discrimination, the labor courts and tribunals have made a criterion up progressively on the dismissal of employees in a situation of temporary incapacity. Law 15/2022, of 12 July, on equal treatment and non-discrimination, in force since 14 July 2022, introduced legal developments […]
Spain: The “necessary” hearing of the employee prior to his/ her disciplinary dismissal
Recently, several court rulings have been handed down on the alleged obligation to comply with the prior hearing of the worker in cases of disciplinary dismissal. These rulings may change the procedure to be followed in future dismissals. In Spain, Article 55 of the Workers’ Statute (onwards WS) provides that, if the case appears that […]
May children’s extracurricular activities justify a certain adaptation of the working day in Spain?
Since its introduction in our legal system, the adaptation of working hours regulated in article 34.8 of the Workers’ Statute has been gaining ground as a measure to reconcile the work and family life of employees. However, the adaptations requested do not always meet the requirements of reasonableness and proportionality established in the law. The […]
The EU equates cross-border teleworking to the EU posted employees
A framework agreement has been published that brings the social security treatment of cross-border teleworkers in the EU into line with that of EU posted employees. The Social Security regulation applicable to cross-border teleworking is no longer a ‘rara avis’ but an increasingly common phenomenon that companies will have to learn to live with. The […]
Spain: In the event of dismissals for objective reasons, at what point the worker’s legal representatives must be provided with a copy of the letter?
The Supreme Court has ruled, in a judgment of 5 July 2023 (rec. 105/2022) , the discussion as to whether the delivery of the notice to the workers’ representatives in objective dismissals must be prior to or simultaneous with the notification to the dismissed employee or whether, on the contrary, it can be made subsequently. […]