Tag: supreme court
Unfair competition by a worker that has left the company may be claimed in a Labor Court
A judgment by the Supreme Court has stated that acts that may result in unfair competition performed by an employee after leaving the company may be judged in a Labor Court as a remote cause of the employment contract. The protection of confidential information leads to many companies signing non-compete clauses with their workers that […]read more
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 […]read more
Instant messaging as a “valid means” of communication in labor relations
As we indicated in a previous post published on December 1, 2015, in its judgment of September 21, 2015, the Labor Chamber of the Supreme Court held that the clauses included in a company’s employment contracts which enabled it to notify its employees through text messages or e-mail were null and void. The Court held […]read more
Are electronic pay statements valid?
Since 2011, the Spanish Supreme Court’s position, reflected in the judgment handed down on December 22 that year, has been to hold that salary receipts, i.e. pay statements, should be delivered on paper. The court’s view was that this transpires from article 29.1 of the Workers’ Statute (“Salary documentation shall be provided by delivering an […]read more
The supreme court rules that dismissals qualify as a collective layoff (redundancy) where they exceed the legal thresholds at an establishment with more than 20 workers
The Supreme Court has ruled, in a judgment delivered on October 17, 2016, that for the purposes of determining the existence of a collective layoff, the reference unit must be the company, if the thresholds established in article 51.1 of the Workers’ Statute are exceeded at the company as a whole, and establishments that normally […]read more
What happens when workers under indefinite-term contracts for seasonal work have a temporary disability when they are called to work?
The supreme court judgment of July 14, 2016, which went by almost completely unnoticed, dealt with this unique issue affecting workers under indefinite-term contracts for seasonal work, and the companies using this contract type. In the examined case, at the beginning of every season, the defendant company called the workers under indefinite-term contracts for seasonal […]read more