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.
The Superior Court of Madrid (SCM) ruled on 16th November 2015 about the reduction of working hours. Usually, such change of the employment contract (the reduction of working hours) is accompanied by a proportional reduction of the employee’s salary due to the regulation. However, the SCM sets that, if the agreement between the Company and […]
The Spanish Supreme Court has issued a ruling about variable compensation (bonus). The Court has set out that such compensation must be paid even in the event that the employee is not working for the Company at the moment that such payment is enforceable. This is because, otherwise, the accomplishment of the contract, which sets […]