Employment & Benefits, CMS Albiñana & Suárez de Lezo updates

Spain

Contributed by CMS Albiñana & Suárez de Lezo
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.

Daily recording of working hours: FAQs
  • Spain
  • 29 May 2019

Following the entry into force of Royal Decree 8/2019, companies are now required to record employees' working hours on a daily basis. This article addresses a number of key questions regarding this new obligation, including with regard to its scope, overtime, the recording system or method to be used and the applicable penalties.

New regulations aim to improve gender equality
  • Spain
  • 22 May 2019

The Royal Decree-Law on Urgent Measures to Guarantee Equal Treatment and Opportunities for Women and Men in Employment and Occupation recently came into force, amending the Workers Statute and the Equality Law. The decree-law, which applies to companies established in Spain, aims to improve gender equality between women and men, reinforce equal pay and enable parents to share childcare responsibilities.


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