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How to limit an employer’s liability for an occupational disease acquired by a worker from more than one job
Where a worker acquired an occupational disease while working for different employers, it will be essential for those employers to provide evidence that the necessary safety measures were taken during the period in which the worker formed part of their workforce, with a view to limiting potential damages for civil liability on such grounds. This […]
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 […]
Disconnecting from work, an issue that should be regulated
Is a worker entitled to disconnect the digital devices that connect him/her to the company after finishing work? In France, the answer is yes. In Spain, it is unclear, due to the lack of regulation. Since the passing and publication of Law 2016-188 of August 8, 2016 (modifying the Worker’s Code), French law recognizes and […]
Can a rule from the last century adequately respond to new collaboration trends among professionals?
On April 6, 2018, the Spanish Council of Ministers approved the strategic action plans to be implemented by the Labor Inspection Authority up to 2020, and of particular interest among them is the two-fold fight against fraud: the pursuit of sham legal relationships (such as false self-employed workers) and of unjustified temporary employment contracts. Historically, […]
A dismissed worker can change his mind during a conciliation hearing concerning a prior agreement with the company
Let’s start with some background. A company dismisses a worker on disciplinary grounds, notifying him by means of a letter that does not explain the grounds but rather only refers to a “continued and voluntary reduction in performance.” At the same time, both parties reach a financial agreement and undertake that the company will recognize […]
Medical checkups: voluntariness and limits on the right to privacy
In accordance with article 22 of Occupational Risk Prevention Law 31/1995, of November 8, 1995, employers are obliged to guarantee workers the periodic monitoring of their health according to the risks inherent in their position and must offer staff the possibility of having periodic medical checkups and specifically, according to Spanish case law, at least […]