The new law 17/2015 of the National Civil Protection System, entered into force on January 10, 2016. This law entitles the Company to apply labour specific measures when an area has been declared severely affected by an emergency of civil protection. The Company will be entitled to: Finish or suspend the employment contract as well […]
The Spanish Supreme Court has issued a ruling about the substantial modification of working conditions in the case of payment in kind. The Court held that a modification of such payments (for example, a discount of the products of the company for its employees) does not imply a substantial modification of working conditions. This change […]
Recent case law affords employees the right to delay their start time by an hour in order to reconcile work and family life without having to cut their daily working hours. The ruling has been issued by the Social Court nº 13 of Madrid and the sentence is the JS Madrid nº 13 374/2015 of […]
The 13-11-12015 enters into force the new Worker’s Statute (RDLeg 2/2015). This new text groups the scattered legislation in several provisions and Replaces RDLeg 1/1995.
The Court of Justice of the European Union (CJEU) stated that the termination of an employment contract due to the worker’s refusal to accept a unilateral and substantial change of his contract conditions is a dismissal for the purpose of collective dismissals. [TJUE 11-11-15, C-422/14 (Pujante Rivera)]
Royal Decree 899/2015 of October 9 modifies the Royal Decree 39/1997 of January 17 in relation with the Bylaw of Occupational Risks. This new legislation modifies the Bylaw and sets out the single authorization for all national territory in order to be able to act as Occupational Risks Prevention Services with prior approval of the […]
A recent Spanish Supreme Court ruling declared lawful that a Company can force its employees to report thefts in the Company. The Court considers that imposing such behavior falls within its power of direction and organization (ius variandi) and does not constitute an abuse. The ruling is the STS 238/2014 of 17/09/2015.
The Supreme Court has confirmed that the Labour Accident qualification -“in itinere” – is not appropriate in a situation where there was no information regarding where the employee was going at the moment that the accident occurred. While a remote employment relationship exists, inasmuch as the employee was injured while returning from collecting his medical […]
Law 23/2015 (of July 21st), Organizer of the Labour Inspection and Social Security System, recently entered into force. The new law abrogates the previous Law 42/1997 of November 14th and includes several new items: i) the attribution of new competences to the Sub-inspectors Service in terms of labour risk prevention; ii) the establishment of a […]
Spain’s Supreme Court has determined the compatibility of leave of absence to care directly for minor children and the development of self-employment during this absence with the reception of the maternity leave at the General Social Security System, holding that the situation of leave (leave of absence to care directly for minor children) is a […]