Blog
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 […]
How far can prohibitions go (during and outside) working hours?
An article in the Financial Times announced that an insurance company was going to ban its employees from drinking alcohol during their lunch break, and anyone caught doing so could face penalties and even dismissal. The introduction of these kinds of prohibitions in the context of employment relationships usually sparks heated debate from a legal […]
The limit for “self-terminating” a contract after a material modification to conditions
In the last quarter of 2016, the Supreme Court had occasion to rule on the possibility of rejecting the application of the employment contract termination mechanism contained in article 41.3 of the Workers’ Statute (WS) where the harm suffered by the worker is not evidenced. The facts of the case were as follows. In December […]
Is it legal to use surveillance cameras in the context of disciplinary dismissals?
On January 31 and February 2, 2017, the Supreme Court handed down two relevant judgments in which it analyzed whether or not fundamental rights are violated when recordings from video surveillance cameras are used for disciplinary purposes without having formally informed the workers of the installation of the cameras. In recent years, the majority position […]