Tag: unjustified dismissal
Where a valid driving license is needed for workers to perform the duties attached to their jobs the question to be asked is what happens if a worker’s driving license is withdrawn as a result of a traffic offense. In those cases, can the company interrupt or terminate the employment relationship? The Supreme Court shed […]read more
Can a rule from the last century adequately respond to new collaboration trends among professionals?
On April 6, 2018, the Spanish Council of Ministers approved the strategic action plans to be implemented by the Labor Inspection Authority up to 2020, and of particular interest among them is the two-fold fight against fraud: the pursuit of sham legal relationships (such as false self-employed workers) and of unjustified temporary employment contracts. Historically, […]read more
A dismissed worker can change his mind during a conciliation hearing concerning a prior agreement with the company
Let’s start with some background. A company dismisses a worker on disciplinary grounds, notifying him by means of a letter that does not explain the grounds but rather only refers to a “continued and voluntary reduction in performance.” At the same time, both parties reach a financial agreement and undertake that the company will recognize […]read more
One of the aspects which has always caused most concern when embarking on a dismissal for objective reasons is the correct provision of the indemnity provided for this form of termination of contracts. The provision of the indemnity itself at the same time as the notice of dismissal, by check or transfer. The determination of […]read more
Contracting involves an agreement between two companies or entities under which one of such companies or entities undertakes to perform work or provide a specific service to the other. In this regard and, due to the structure of our legal system, there is a great deal of labor conflict when a company decides to take […]read more