Tag: collective labor agreement
How does the Government’s energy efficiency plan affect heating and air conditioning at companies? Questions from the labor point of view
The recently approved energy saving and efficiency measures directly affect the temperature that companies must have in their facilities but, at the same time, raise questions that leave room for interpretation as well as doubts about coexistence with other regulations. Following the trend in legislation in connection with energy efficiency to which we referred in […]
Personal days: keys to determining whether they are recoverable days and whether they are to be included for calculating fulfillment of the maximum annual working hours
In order to know how personal days should be treated at each organization, it is essential to check how they are defined in the collective labor agreement and look at the company’s standard practice. We often come across collective labor agreements that contain the worker’s right to take so-called discretionary days off, also known as […]
The courts introduce new criteria for determining the start date of paid leave
In recent months, several judgments of the Supreme Court and the National Appellate Court – some of them contradictory – have interpreted the moment at which the period for enjoying paid leave should be deemed to start. On April 5, we published a post on the moment when paid leave starts in which we analyzed […]
Paid leave must begin on working days, according to the Supreme Court
On February 13, 2018 the Supreme Court handed down a judgment on an ordinary cassation appeal, in which it ruled that the first day of paid leave should be the first working day after the event for which the leave is taken, arguing that leaves of absence were created to be taken on working days […]
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 […]
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 […]
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