Compensation for unfair dismissal in Spain followi […] Compensation for unfair dismissal in Spain following the ECSR Decision
Category: Laboral
Compensation for unfair dismissal: UGT complaint to the European Committee of Social Rights (ECSR) The trade union UGT lodged a complaint with the European Committee of Social Rights (ECSR) to assess whether the compensation for unfair dismissal under Spanish law is in line with the Revised European Social Charter (ESC), ratified by Spain in 2021. […]
Read article
Challenges of artificial intelligence in labour re […] Challenges of artificial intelligence in labour relations under the new European AI Act
Artificial intelligence (AI) is changing human resource management in companies, covering processes such as recruitment and performance analysis. With the entry into force of Regulation 2024/1689, which regulates AI, the European Union establishes a clear regulatory framework for the use of AI in the workplace. In doing so, it aims to ensure that the implementation […]
Read article
How is collective redundancy affected by the redep […] How is collective redundancy affected by the redeployment of workers in companies of the same group?
The redeployment of employees in other companies of the corporate group is a common practice used by companies to restructure their workforces and often to avoid direct redundancies. However, this solution may raise important doubts, especially with regard to the calculation of collective redundancies. The recent judgment no. 412/2024 of 14 May 2024 of the […]
Read article
What to do when a worker requests a reduction or a […] What to do when a worker requests a reduction or adaptation of working hours?
One of the most frequently asked questions we receive from our clients is how to proceed when they receive a request for a reduction or adaptation of working hours from one of their employees. It is becoming increasingly common for workers to want to exercise the rights that the applicable regulations establish in terms of […]
Read article
What is the protection against dismissal for staff […] What is the protection against dismissal for staff with working time adjustments after the entry into force of the Parit […]
An alleged ‘error’ in the wording of the so-called Parity Law, which has recently come into force and which would affect the protection against dismissal of staff in certain situations, including those who have requested or enjoy an adaptation of the working day in order to exercise the right to reconcile work and family life, […]
Read article
Case of disciplinary dismissal for failure to comp […] Case of disciplinary dismissal for failure to comply with the duty to record working hours and other obligations
With effect from 21 March 2023, a company dedicated to the marketing of medical products dismissed one of its sales representatives for repeated disobedience and fraud, disloyalty or breach of trust in the tasks entrusted to her by failing to comply with the duty to record her daily working hours, having been requested on numerous […]
Read article
Is it compulsory to have an LGBTI Equality Plan in the company? From 2 March 2024 it will be compulsory for all companies with more than 50 employees. We already predicted in the negotiations of equality plans between women and men in the business sphere that we would soon find ourselves having to negotiate plans […]
Read article
Exemptions from severance payments: requirements a […] Exemptions from severance payments: requirements and applicability
Are all severance payments exempt? Firstly, we must refer to the Personal Income Tax Law, which establishes in article 7. e) that they are exempt: «Compensation for dismissal or termination of employment, in the amount compulsorily established in the Workers’ Statute, in its implementing regulations or, where applicable, in the regulations governing the enforcement of […]
Read article
Can I fire someone who has tried to steal from the […] Can I fire someone who has tried to steal from the company?
Unfortunately, it is quite often the case that a worker appropriates or steals (the difference between “theft” and “robbery” is basically that for “robbery” to occur, it must have been done by force, intimidation or violence against persons or things) objects or items belonging to the company, his or her employer. When this happens to […]
Read article
Penalties for non-compliance with obligations rela […] Penalties for non-compliance with obligations relating to the Equality Plan.
Having an approved and implemented equality plan is an obligation from the 7th of March 2021 for companies with between 101 to 150 employees. It should be remembered that this obligation was already binding for companies with more than 150 employees. Now companies with 50 or more employees will also have to comply with it. […]
Read article