Dismissal based on absenteeism: chronicle of a death foretold

law on grounds of urgency and need, even though it had existed for forty years. This post analyzes the dying days of dismissal for absenteeism and the arduous battle to defend productivity. Since the publication of the Constitutional Court judgment of October 16, 2019, which upheld the constitutionality of section d) of article 52 of […]

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National appellate court looks into time recording, beyond the coffee break

The Labor Chamber at Spain’s Appellate Court has delivered a widely reported judgment (December 10, 2019), underlining that it is valid to deduct smoking, breakfast or coffee breaks from actual working hours. Beyond this issue, however, two other no less important topics went unnoticed: how to compute the actual working hours of employees who travel […]

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Dismissal for absenteeism: the right to physical integrity against the right to productivity

Recent news that the Constitutional Court supported the objective dismissal of a worker who had clocked up nine days’ sick leave over a period of two consecutive months has sparked comments by journalists and on social media that have been treating this item as breaking news or as an after-effect of the labor reform. They […]

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The Supreme Court clarifies the criteria applicable when calculating time-periods in relation to objective dismissals on the grounds of absenteeism

Following a series of contradictory rulings, a recent judgment has clarified that the percentage of absences justifying the dismissal must necessarily be reached in a four-month period. Consequently, if said percentage is reached in a shorter period, the dismissal is unjustified. An employer may dismiss an employee due to absences from work, even where such […]

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Physical exercise: a contractual obligation?

There are numerous studies linking the regular practice of physical exercise to greater productivity in the workplace. Exercise improves health in general, so logically it enables our bodies to be in a better condition to perform our duties at work. That is the conclusion reached by many studies, one of which is called “The effect […]

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