Search Results for: temporary incapacity
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 […]
Right to privacy and digital disconnection: can the company call an employee on sick leave?
Absenteeism from work is a problem of concern to companies. One of its main causes is temporary incapacity, so it is common for organizations to consider implementing protocols to verify the employee’s state of health, in which the possibility of contacting the employee is contemplated. But can companies call employees on sick leave? According to […]
Major occupational health and safety challenges on the horizon in Spain
April 28th marks the World Day for Safety and Health at Work. We have taken this opportunity to look at the recently approved Spanish Occupational Health and Safety Strategy, which focuses on matters such as occupational diseases, new ways of organizing work, SMEs and the most vulnerable workers. The Spanish Occupational Health and Safety Strategy […]
Can COVID-19 be considered a stigmatized illness for characterization of a dismissal in Spain?
The court judgments that have ruled so far on the characterization of dismissals due to reasons related to COVID-19 -of which a few were described in our October 1, 2020 post-, have done so by interpreting the “dismissal ban” contained in article 2 of Royal Decree-Law 9/2020, which has been extended to remain in effect […]
How to apply spanish labor legislation?: ask europe
The Court of Justice of the European Union has been qualifying or directly modifying over the years the judgments of the Spanish courts, interpreting employment rules in the light of Community law. The Court of Justice of the European Union was created in 1952. Thirty-three years later, Spain and Portugal signed, in June, the treaty […]
Can stress cause an occupational accident?
The Social Security Law considers any bodily injuries sustained by a workerdue to or as a result of work performed as an employee on the payroll as an occupational accident. The Supreme Court, in turn, classifies the following situations as occupational diseases or accidents: accidents or injuries sustained directly by an employee while providing his/her […]
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