Blog
The Supreme Court clarifies the criteria applicable when calculating time-periods in relation to objective dismissals on the grounds of absenteeism
Following a series of contradictory rulings, a recent judgment has clarified that the percentage of absences justifying the dismissal must necessarily be reached in a four-month period. Consequently, if said percentage is reached in a shorter period, the dismissal is unjustified. An employer may dismiss an employee due to absences from work, even where such […]
Recording of working time: Should travel time be included?
The new regulations on the recording of working time is arousing a number of doubts in relation to their application. One of such doubts is whether or not travel time should be recorded as working time. To resolve the issue, we should ask ourselves whether or not the time devoted to travel should be considered […]
Right to adapt working hours: much ado about nothing?
One of the hot topics in the employment arena is the right of workers to request adaptations to their working hours, as introduced by Royal Decree-Law 6/2019, of March 1, 2019, on urgent measures to guarantee equality. This right, which is set out in article 34.8 of the Workers’ Statute and is starting to be […]
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 […]
For the purposes of the registration of daily working hours … participation in commercial events is considered as effective working time.
Royal Decree-law 8/2019 on urgent measures for social protection and the fight against labor insecurity with respect to working hours recently amended article 34 of the Workers’ Statute and established a duty for companies to effectively guarantee the registration of daily working hours as of May 12, 2019. Furthermore, the Court of Justice of the […]
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 […]