According to the ruling, both European regulations and case-law set that a pregnant employee that is moved to another job position due to the pregnancy has the right to keep her base salary and those supplements linked to her professional status such as seniority, professional qualifications and professional category. However, supplements linked to some specifications or particularities of the job position such as nocturnality, pay for working on days off, etc. do not have to be maintained if the new job position does not have these particular conditions.
The new government has some duties regarding employment and labour law. Some of these duties are, of course, to adapt the Spanish legislation to the recent rulings of the European Court of Justice.
The issue was whether the employer had the obligation to make a call to a permanent seasonal employee, who was in a temporary invalidity situation and then report said employee to the social security system. The court held that the employee’s illness did not exempt the employer from the obligation to call and report the employee to the social security system; without prejudice to then take the leaving on social insurance for temporary invalidity and to hire temporary employees, if appropriate.
A new National Audience’s (NA) ruling on paid leave states when the paid leave must be enjoyed if it occurs on a non-business day. This matter is stated in the Collective Bargaining Agreements (CBA) since the Workers Statute does not mention it. The NA was precise in this respect, that the rules laid down in CBA resulting from the negotiated will of the representatives of the company and employees and that its provisions must be respected unless infringe any superior rule, which in the present, case does not occur. In addition, the NA considers that it is not contrary to the rules of logic, the requirement that the days of paid leave are enjoyed on the date that the situation causing it takes place and may not be transferred to immediate business days.
In a case involving an objective dismissal for breaching the obligation to make the corresponding severance payment of twenty days per year of service available to the employee, at the same time that the written notification is provided, was declared unfair. Although the reason for the breach was an inadvertent error by the company in issuing a check to the employee, which could not cover the payment at that time, and though the company acted to correct the error by paying the severance by transfer, the court concluded that such circumstances do not prevent the declaration of unfair dismissal.
In a recent case, the Supreme Court ruled that the right to work-time flexibility may not be conditioned on a prior notice by the employee, provided the employer keeps its facilities accessible and properly operating with enough time to allow it. That is, if an employee may go to work without prior notice, because the facilities will be open and working properly, then prior notice is not required.
The Supreme Court recently rules that during holidays, the remuneration of the employees must be the average of all remuneration that they have received during the year. This means that the remuneration of holiday must be the “ordinary or normal remuneration” including commissions and production incentives, since it does not imply neither (i) a compensation for a greater temporary dedication (extraordinary hours) nor (ii) a duplicate payment (such as a bonus already received).
In Spain, employees who become parents have the right to ask for a working hours reduction, which may be from 1/8 to 1/2 of the working day. The dismissal of an employee, who is enjoying this right, is null if there are no grounds to justify such a dismissal.
On 3 March 2016, the Spanish National Audience ruled on the validity of the negotiation procedure in a case of substantial modification of contractual conditions with collective efficacy. The controversial issue was whether a negotiation process via email was valid. The Court has set that such process is null, since the rights it wants to […]
Employment Law Across 27 Jurisdictions 2016, an L&E Global and Clyde & Co joint publication, provides a brief outline of the employment law regime across 27 key jurisdictions throughout the globe.