Spain, CMS Albiñana & Suárez de Lezo updates

Employment & Benefits

Contributed by CMS Albiñana & Suárez de Lezo
Ignore the collective dismissal regulations… at your peril!
  • Spain
  • 20 February 2019

The Supreme Court recently concluded that the implementation of individual redundancies which collectively exceed the applicable statutory thresholds should be carried out in accordance with the legal procedure for collective dismissals, even if agreements have been reached with employee representatives. This case was particularly complex due to the fact that the employment terminations had not been de facto implemented through a redundancy.

New digital rights: employees' right to privacy in use of video, audio and geolocation surveillance
  • Spain
  • 06 February 2019

The new Data Protection Act has introduced a number of so-called 'digital rights' for employees. Prior to the act's entry into force, the Supreme Court and the Constitutional Court had already issued regulations on how employers could monitor employees using video, audio or geolocation surveillance, which were in line with European Court of Human Rights rulings. Although the new act has made no special amendments to the courts' regulations, it has provided a concrete legal framework in this regard.

New digital rights: employees' right to disconnect
  • Spain
  • 30 January 2019

The new Data Protection Act introduced a number of so-called 'digital rights' for employees, including a right to disconnect from their work devices. This right aims to guarantee employees' rest, leave and holiday time, as well as their right to personal and family privacy. The provision concerning how this right should be exercised is general. As such, the legislature has left it up to employers to define each employee's right to disconnect in their collective bargaining or employment agreement.

New digital rights: employees' right to privacy in use of digital devices at work
  • Spain
  • 16 January 2019

The new Data Protection Act recently entered into force, introducing a number of so-called 'digital rights'. The Spanish legal system already provides a framework regarding the use of digital devices at work and how employers can exercise control over them in view of employees' right to privacy. Although the act has introduced no significant changes in this regard, employees' right to privacy regarding the use of digital devices at work has now been set out in law.

New Data Protection Act introduces digital rights for employees
  • Spain
  • 09 January 2019

The new Data Protection Act was recently published in the Official State Gazette, transposing the EU General Data Protection Regulation into Spanish law. In addition, the act has introduced a number of so-called 'digital rights' which directly concern employees, including the right to privacy in the use of technological devices at work and the right to disconnect from work.


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