Employment & Benefits, CMS Albiñana & Suárez de Lezo updates

Spain

Contributed by CMS Albiñana & Suárez de Lezo
Extraordinary employment-related measures introduced in fight against COVID-19
  • Spain
  • 25 March 2020

The government recently published a royal decree-law on urgent and extraordinary measures to address the economic and social impact of COVID-19. The measures include clarification of the grounds and simplification of the procedures to suspend employment contracts or reduce working hours due to force majeure, as well as economic, technical, organisational or production grounds.

Gig economy: Madrid High Court of Justice unifies criteria and declares Glovo riders are employees
  • Spain
  • 18 December 2019

The Madrid High Court of Justice recently ruled that riders for Glovo (a competitor of Deliveroo with a similar business model) are employees and are thus not self-employed. As other courts have ruled in similar cases that riders who operate in the gig economy do not have an employment relationship with their company, this judgment will likely be appealed before the Supreme Court in an attempt to unify the case law on the nature of such relationships.

Right to request working schedule adjustments
  • Spain
  • 30 October 2019

There has been a wave of criticism that the mandatory recording of employees' working hours has hindered the flexibility measures which companies were beginning to introduce. As such, it is somewhat surprising that a recent amendment to the Workers' Statute appears to have flown under the radar, especially given that it aims to boost flexibility in order to uphold employees' rights to a work-life balance.

Difference in severance for employees under service agreements and permanent employees is not discriminatory
  • Spain
  • 14 August 2019

In a preliminary ruling in a case referred to it by the Galicia High Court, the European Court of Justice has confirmed the existence of objective grounds which justify a difference in compensation paid on the termination of works contracts linked to a specific service (ie, 12 days' salary) and the termination of permanent contracts (ie, 20 days' salary). The Galician court must now decide whether the early termination of a service agreement falls under Article 52 of the Workers' Statute.

Is video surveillance valid evidence to justify dismissal on disciplinary grounds?
  • Spain
  • 31 July 2019

The Pamplona Labour Court recently ruled in a case concerning an employee who had been dismissed on disciplinary grounds for his involvement in a fight with a colleague, which had been captured on the CCTV installed in the workplace car park. Notably, the CCTV evidence was admissible under the Data Protection Act. However, as the act does not align with European Court of Human Rights case law and the EU General Data Protection Regulation, the court refused to accept the footage as evidence.


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