Laboral
The company is not responsible for all work-related accidents
Not every accident occurring at work or related to work is considered a work-related accident under Spanish law. Specifically, among other cases, an accident caused by willful misconduct or recklessness of the employee is not considered to be an accident at work, unless the recklessness is a consequence of the habitual execution of a job and derives from the trust that it inspires. It is necessary to analyze the totality of circumstances of the case at hand to determine whether the accident is work-related or not.DANA: Paid leave for adverse weather events and other labour measures approved
The new measures also include, among others, new obligations to inform workers' legal representatives of the activation of alerts due to disasters and other adverse meteorological phenomena and protocols for action in the event of disasters through collective bargaining.Turning point in the management of disciplinary dismissals after the Supreme Court has determined the need to hear the employee first
In a recent ruling, the Supreme Court has changed its doctrine on the procedure for executing disciplinary dismissals. From now on, Spanish companies must hear the employees before notifying them of the disciplinary dismissal, except in cases in which the company cannot reasonably be required to do so.On the Provision of Services Between Companies and the Assignment of Employees, Regarding the Recent Judgment of the CJEU
The European Court of Justice declares the Directive on Temporary Employment Agencies (TEA) applicable in cases of employee assignment, even if the assigning company is not constituted as a TEA.Vade mecum of the main paid leaves in Spain
What kind of leave can employees take? How? When? In this post we present a basic guide to the main paid leaves regulated in the Workers’ Statute. These leaves can be developed, extended or enhanced through the collective bargaining agreement applicable to each company.The company can recover the compensation paid for a post-contractual non-compete agreement declared null
When a post-contractual non-compete agreement is declared null because it does not comply with the legally established requirements, the company can, in certain cases, recover the amounts paid to the employee as consideration, because the cause that justifies it disappears.