COVID-19 Can companies retrieve recoverable paid leave in 2021?

With a view to containing the spread of COVID-19 through social distancing, Royal Decree-Law 10/2020 ordered the suspension of non-essential business activities from March 30 through April 9, expressly treating this period of inactivity as compulsory recoverable paid leave. The need to make up this time has caused problems and as a result, the first […]

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Uncertainty continues to surround the supposed prohibition to dismiss workers on COVID-19 related grounds

The supposed prohibition of dismissal continues to give rise to contradicting judgments by the labor courts. In times of economic uncertainty, the controversial clause that is intended to limit dismissals is creating legal uncertainty both for businesses and workers. Up until now, while we wait for the Supreme Court to unify the criteria, contradictory decisions […]

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The automatic application of the occupational risk prevention procedure for COVID-19 may lead to problems for companies

The Ministry of Health’s Operating Procedure for Occupational Risk Prevention Services to mitigate exposure to SARS-CoV-2 establishes certain criteria and measures aimed at preventing COVID-19 infections. However, automatically applying some of the contents of this procedure could entail certain risks for companies. A recent judgment highlights the need to take into consideration the specific circumstances […]

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International Day of Persons with Disabilities: Work situation in times of COVID-19

The COVID-19 crisis has had a special impact on labor relations, as companies have been forced to take different measures to cope with the effects of the pandemic on their businesses. Nevertheless, perhaps it has gone unnoticed that these measures have been applied in the same way to persons with disabilities, who have also become […]

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Doubts concerning the commitment to maintain jobs in relation to ERTEs (temporary lay-off procedures)

The various rules approved since the declaration of the state of emergency for the purpose of regulating ERTEs have generated a series of legal questions on which employers require clarification. One example is the uncertainty surrounding the commitment to maintain jobs, in a scenario which has proved to be more complicated and longer lasting than […]

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The assumed prohibition of dismissal on grounds related to COVID-19

Recently, there have been several contradictory court judgments in relation to the classification of the grounds for dismissal related to COVID-19. The issue to be resolved is whether the unjustified nature of a dismissal related to COVID-19 leads to the consideration of unlawful dismissal and can even be considered as null and void. The dispute […]

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