Blog
Dismissal based on absenteeism: chronicle of a death foretold
law on grounds of urgency and need, even though it had existed for forty years. This post analyzes the dying days of dismissal for absenteeism and the arduous battle to defend productivity. Since the publication of the Constitutional Court judgment of October 16, 2019, which upheld the constitutionality of section d) of article 52 of […]
National appellate court looks into time recording, beyond the coffee break
The Labor Chamber at Spain’s Appellate Court has delivered a widely reported judgment (December 10, 2019), underlining that it is valid to deduct smoking, breakfast or coffee breaks from actual working hours. Beyond this issue, however, two other no less important topics went unnoticed: how to compute the actual working hours of employees who travel […]
The necessary distinction between interns and workers
In 2019 we have witnessed intense inspection activity to monitor the presence in companies of what are called “non-employee trainees”, colloquially known as interns. The new Government, according to the program of the so-called “Progressive Coalition”, envisages the creation of a new intern’s statute (so that this concept serves excessively training purposes, and establishing a […]
GPS doesn’t work for recording working time
The Supreme Court has rejected the GPS-based time control system implemented by a company because it is not able to calculate working time in its entirety. A recent order by the Supreme Court has shed some more light on the characteristics that working time recording systems implemented by companies should have. The context in which […]
what are transnational framework agreements and why you didn’t know you want one
Transnational company agreements bolster company-worker relations by providing clear and stable rules. These kinds of agreements have been being signed for 10 years and there are already more than 300 identified in the joint database of the International Labor Organization and the European Commission. Lately I feel like a smartphone: the more I get updated, I […]
Spreading fake news about employers may lead to dismissal
When fake news is spread which directly affects an employer or its workforce, one can go to court or adopt the appropriate disciplinary decisions, if it is a worker who spreads such news. Fake news is having an impact on employment relations. Numerous companies cannot find an effective way of counteracting fake news published on […]