Blog

Job offers: discrimination comes at a cost
Job offers by companies must avoid all possible discrimination. This not only helps to safeguard equal treatment in the organization, but also avoids possible fines. Even now in 2020, we often find job offers that do not guarantee a minimum principle of equal treatment and which are therefore discriminatory according to labor legislation: “Job vacancy […]

Teleworking: the importance of a good agreement
To avoid possible legal problems relating to working remotely or teleworking, it is essential for an agreement to be reached between the company and worker that suitably regulates this form of working. The fact that teleworking is here to stay is a reality that has been highlighted by the current health crisis and imminent entry […]

Can a company punish a worker using images from another employee’s mobile phone as evidence?
The Spanish Data Protection Agency (AEPD) concluded in a decision that punishing one employee on the basis of images captured with a mobile phone of another employee breaches data protection legislation. Companies must be extremely careful about how they obtain proof to take action against employees on disciplinary grounds. In its decision, the AEPD addressed […]

Doubts concerning the commitment to maintain jobs in relation to ERTEs (temporary lay-off procedures)
The various rules approved since the declaration of the state of emergency for the purpose of regulating ERTEs have generated a series of legal questions on which employers require clarification. One example is the uncertainty surrounding the commitment to maintain jobs, in a scenario which has proved to be more complicated and longer lasting than […]

The assumed prohibition of dismissal on grounds related to COVID-19
Recently, there have been several contradictory court judgments in relation to the classification of the grounds for dismissal related to COVID-19. The issue to be resolved is whether the unjustified nature of a dismissal related to COVID-19 leads to the consideration of unlawful dismissal and can even be considered as null and void. The dispute […]

Companies will have to pay the expenses associated to telework
The new legislation regulating working from home (called telework when electronic means are used) has finally been published and requires companies to pay the associated expenses or reimburse them, without workers assuming expenses related to equipment, tools or the necessary means to perform their work. But, will this have tax and Social Security consequences? Royal Decree-Law 28/2020, […]
