Temporary disability does not automatically declare the dismissal null and void

After a year of application of the Integral Law for equal treatment and non-discrimination, the labor courts and tribunals have made a criterion up progressively on the dismissal of employees in a situation of temporary incapacity. Law 15/2022, of 12 July, on equal treatment and non-discrimination, in force since 14 July 2022, introduced legal developments […]

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 […]

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 […]

Ineptitud vs Incapacidad

When ineptitude does not entail disability

This is one of the ongoing (and most incomprehensible) disputes that arise following temporary disability or sick leave. After using up the maximum sick leave, an employee goes to the Disability Assessment Team of the National Social Security Institute (Instituto Nacional de la Seguridad Social or INSS) for an assessment of the possibility of returning […]

Integration of people with disabilities into the job market advancing at a sluggish pace

The International Day of Persons with Disabilities was held on December 3, but one year on, little significant progress has been made in improving employment for this group.  One of the biggest unfinished tasks for the Spanish job market is to improve employment opportunities for people with disabilities. The data revealed in the Report on […]

What can parents do when their kids’ schools are canceled due to coronavirus?

Some of the measures taken by public authorities to help curb the spread of coronavirus have had a major impact on the workplace and raise questions about how the measures should best be applied in employment relationships. In the past few days, many parents have been affected by one of the government’s measures to curb […]

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