Blog
Effectiveness and use of codes of conduct
The current complexity of the global business environment, as a result of more dynamic commercial activity and personal relations, means that many companies have already implemented an internal code of conduct for their employees. From a labor law perspective, whether they form part of more generic compliance or corporate social responsibility policies or are independent, […]
Transfer of undertakings: resignation or unjustified dismissal?
Contracting involves an agreement between two companies or entities under which one of such companies or entities undertakes to perform work or provide a specific service to the other. In this regard and, due to the structure of our legal system, there is a great deal of labor conflict when a company decides to take […]
Data protection, a new challenge for companies
Data protection, a new challenge for companies One of the aspects of labor relations in which most doubts arise concerns the data protection obligations, rules and policies with which companies must comply. Indeed, an analysis of circulars, instructions, decisions, guidelines, etc. issued by the Spanish Data Protection Agency (AEPD) over the years, reveals that a […]
Debate on keeping working time records reopens
As you might recall, around this time last year we were engaged in a debate over the employer’s obligation to keep daily working time records. The National Appellate Court initially held that the provision in article 35.5 of the Spanish Workers’ Statute on keeping daily working time records for the purposes of calculating overtime implied […]
More vacation for giving up smoking?
Smoking at the workplace except in open-air spaces was banned among the measures in Law 28/2005, of December 26, 2005 on anti-smoking health measures and on the sale, supply, use and advertising of tobacco products, known as the Anti-Smoking Law, which came into force on January 1, 2006. As might be expected, this ban changed […]
Is a worker required to obey an international assignment order?
Few questions have raised as much controversy to date in the labor law sphere and, more specifically, in the international work assignment sphere. Initially, the Spanish courts tended to reject the mandatory nature of these instructions on the grounds that article 40 of the Workers’ Statute, decidedly national in its scope, did not expressly contemplate […]