Blog
Broadened basis for computation of severance pay
It used to be widely held by the courts that employers’ contributions to workers’ life insurance, medical insurance and pension plans had to be left out of the basis for computation of severance pay. Their reasoning was that according to the definition of salary contained in article 26 of the Workers’ Statute (Estatuto de los […]
Is “venting” on a social network a ground for dismissal?
This past March, the High Court of Justice of Extremadura upheld a judgment that had declared as unjustified the dismissal of a worker who had posted on a well-known social network a series of statements against his company and his colleagues for not finding someone to cover for him on the occasion of the death […]
A hidden consequence of the new extended validity regimen
Article 84.1 of the Workers’ Statute establishes that: “while a collective labor agreement is in force, unless agreed otherwise, it cannot be affected by the provisions of collective labor agreements with a different scope of application”. This provision essentially prohibits encroachment by collective labor agreements. Therefore, while a collective labor agreement is in force, it […]
Should employers adopt specific measures in the workplace to protect confidential information?
In today’s competitive business environment, companies spend a great deal of time and money on obtaining developing and applying knowledge that may give them an edge over other competitors in a particular sector. The widespread use of new technologies, the globalization of the economy, the growth in outsourcing and high turnover of personnel in the […]
Partial retirement and concentration of working hours
A business practice that has long been demanded and, in many cases, applied, using various different formulas, despite its rejection by the National Social Security Institute and to a large extent by the Spanish courts, is that of concentrating the working hours corresponding to the entire duration of partial retirement, in a single period. Interest […]
Position taken by the Labor Inspection Authorities following the Supreme Court judgments releasing employers from the requirement to record time worked
In judgments handed down on March 23 and April 20, 2017, the Supreme Court rendered the position taken by the National Appellate Court void and ruled clearly that article 35.5 of the Workers’ Statute does not require employers to keep a daily record of time worked, but rather that said record is only required in […]