Blog
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 […]
The “uberization” of labor relations
When A.M. Snelson called Uber a “modern business phenomenon” in October 2016 and concluded that its drivers were not independent collaborators but rather were linked to the platform by means of a labor relationship, he didn’t know that in handing down his Judgment in London he was laying the foundations for a global review of […]
Stricter legal controls on the temporary posting of workers in the EU
Three years after it was passed, Directive 2014/67/EU of the European Parliament and of the Council, of May 15, 2014, has been transposed into the Spanish legal system. The purpose of the European legislation is to ensure compliance with Directive 96/71/EC on the posting of workers under a services provision framework, which established: A list […]