The High Court declares that, in the objective dismissal for absences of work attendance, the period of 12 months in which the 5% of absenteeism must occur is computed backward (dies ad quem) from the date of dismissal. Due to the fact that in the computed period the absences of attendance exceed this limit, the dismissal is declared fair.
The Supreme Court recognizes that the paid leaves will begin to be counted from the first business day after the causal event, even if this happens during a public holiday. In addition, it analyzes the Collective State Agreement of Contact Center as well as the Workers’ Statute (WS) and emphasize that these permits are granted for their enjoyment in business days.
The Supreme Court recognizes the employment relationship of a worker registered in the special regime for self-employed workers, who provided the services for the company that had hired him for the execution of works for the installation and repair of lifts. The notes of dependence, alienation and voluntariness are met although he was not subject to a timetable, the holidays were not imposed by the company and he used his own means such as boots, gloves, helmet, vehicle and mobile phone.
The ECHR condemns Spain to compensate 5 employees who made different thefts and consequently were dismissed from a supermarket. The ECHR considered that Spanish courts admitted as valid recordings made in the workplace by hidden cameras, so the employees’ rights to privacy were violated.
The High Court of Justice of Valladolid (HCJ) declared worked overtime hours must be recorded daily whenever there are more worked hours than legally or conventionally established. If the collective bargain agreement does not foresee for working on Saturdays, then the work done on such days is considered as overtime, although, later, compensation breaks do not produce excesses in the annual working day.
The High Court of Justice of Madrid declared valid a resignation presented through the Whatsapp application, because messages exchanged through were sufficiently clear and illustrative about employee’s will to not return to the work place.
Understanding the distinction between contractors and employees and the re-characterisation of a contractor into an employee
Court ruling held that the dismissal of an employee in temporary disability is null and void for being a long-term limitation, in line with the Judgment of the European Court of Justice (C-395/15).
Court ruling held that the employer’s obligation to record the working day is only extended to overtime. This implies a change in the Court’s criteria regarding the record of the working day.
L&E Global’s 2017 Global Handbook | Employees vs Independent Contractors