The Labor Chamber of the High Court of Justice of Catalonia has determined that subduing an employee to very long working days and untimely working time, thus compromising his right to rest and digital disconnection, entitles the employee to the right to extinguish the contractual relationship, but not to be awarded any compensation associated with
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Can a dismissal with formal defects be remedied?
By Garrigues
Occasionally, a dismissal can be frustrated by not complying with a series of formal requirements. In such cases the labor regulations provide for some options allowing companies to rectify the dismissal and make it valid.
The law and some collective agreements provide for a series of formal requirements for dismissal, whose strict compliance is essential…
Labor and employment implications on the use of instant messaging applications
By Garrigues
The widespread use of new communication tools such as instant messaging applications has legal and labor implications that should be taken into account. We review some rulings in this regard.
Devices such as cell phones, tablets and computers are part of workers’ personal and professional lives. Furthermore, the increase in working from home as a…
Temporary disability does not automatically declare the dismissal null and void
By Garrigues
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…
Spain: The “necessary” hearing of the employee prior to his/ her disciplinary dismissal
By Garrigues
Recently, several court rulings have been handed down on the alleged obligation to comply with the prior hearing of the worker in cases of disciplinary dismissal. These rulings may change the procedure to be followed in future dismissals.
In Spain, Article 55 of the Workers’ Statute (onwards WS) provides that, if the case appears that…
May children’s extracurricular activities justify a certain adaptation of the working day in Spain?
By Garrigues
Since its introduction in our legal system, the adaptation of working hours regulated in article 34.8 of the Workers’ Statute has been gaining ground as a measure to reconcile the work and family life of employees. However, the adaptations requested do not always meet the requirements of reasonableness and proportionality established in the law.
The…
The EU equates cross-border teleworking to the EU posted employees
By Garrigues
A framework agreement has been published that brings the social security treatment of cross-border teleworkers in the EU into line with that of EU posted employees. The Social Security regulation applicable to cross-border teleworking is no longer a ‘rara avis’ but an increasingly common phenomenon that companies will have to learn to live with.
The…
Spain: In the event of dismissals for objective reasons, at what point the worker’s legal representatives must be provided with a copy of the letter?
By Garrigues
The Supreme Court has ruled, in a judgment of 5 July 2023 (rec. 105/2022) , the discussion as to whether the delivery of the notice to the workers’ representatives in objective dismissals must be prior to or simultaneous with the notification to the dismissed employee or whether, on the contrary, it can be made subsequently.…
Heatwave warning: What should companies do to protect their workers?
By Garrigues
The increase in summer temperatures over the last few years has a huge impact on workers who are exposed to heat stress and have to do physical work. In terms of prevention, companies need to take the appropriate measures to protect workers and avoid heat-related illnesses, such as heat rash, cramps, fainting, dehydration, heat exhaustion…
What happens when an employee with an indefinite-term contract for seasonal work does not respond to the call to resume work?
By Garrigues
One of the main innovations of the last labor reform was the introduction of indefinite-term contracts for seasonal work in companies and sectors in which they had never been used before. However, the new regulation has not resolved certain doubts, such as, for example, how to act in the event a worker fails to respond…