Blog
The courts fail to agree over the law applicable to employment contracts of cabin crew
A legal debate has arisen over which legislation applies to the employment contracts of airline cabin crew: the legislation of the country in which the worker was hired?, or the legislation determined by the employer’s nationality? When a strike occurs at an airline or at companies providing ground handling services related to air traffic, […]
Speaking English at work may become compulsory
Obliging workers to communicate in English at work may not be lawful in general, however there are mechanisms to require it in positions in which it is essential. One year ago, in September 2017, the Directorate General of Civil Aviation, which belongs to the Ministry of Development, confirmed that it would not limit the application […]
To have access to a public contract, companies must adopt measures for disabled workers
Breaching the law that requires reserving job positions for disabled persons not only entails statutory penalties but now may also bar a company from the possibility of opting for a significant public contract. Since this past March 2018, according to the new wording of the Public Sector Contracts Law, there is a statutory prohibition on […]
Could the inequality between paternity leave and maternity leave be unconstitutional?
A father has managed to have an appeal admitted by the Constitutional Court, in which he claims that the inequality between paternity leave and maternity leave is a form of discrimination. Last May the Constitutional Court (CT) admitted an appeal for the protection of constitutional rights filed by a father who had been denied the […]
No protection from employers for breastfeeding working mothers could be discrimination on grounds of sex
Equality between female and male employees at the workplace is very topical at the moment and over recent months a completely new movement has appeared in Spain seeking to stamp out any discrimination against female workers on grounds of sex. Still a source of conflict is the protection of women who are pregnant, have recently […]
In the event of insolvency, Fogasa must also bear the severance pay for workers who terminate their employment relationship due to a transfer
A recent judgment of the CJEU extends the liability of the Wage Guarantee Fund to the severance pay for termination of a contract arising from a transfer. In a judgment of June 28, 2018 (case C-57/2017), the Court of Justice of the European Union (CJEU) has held that the severance pay provided in Article 40 […]