Comments on the decision issued by the Spanish Supreme Court 71/2022 declaring that the employment relationship between employee and employer is not interrupted by a voluntary resignation of the employee in certain circumstances involving public contractors

This article analyzes the Spanish Supreme Court decision 71/2022, dated January 26th, on the issue of whether an employee who voluntarily resigns from her job to join another public contractor …

Comments on the decision issued by the European Court of Justice C-485/2020 declaring that employers are obliged to relocate unfit employees to another position within the organization unless such relocation would impose an undue burden

This article analyzes the European Court of Justice (“ECJ”) decision C-485/2020, dated February 10th 2022, on the issue of whether an employer is legally obliged to relocate a disabled employee …

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Comments on the decision issued by the European Court of Justice C-485/2020 declaring that employers are obliged to relocate unfit employees to another position within the organization unless such relocation would impose an undue burden

This article analyzes the European Court of Justice (“ECJ”) decision C-485/2020, dated February 10th 2022, on the issue of whether an employer is legally obliged to relocate a disabled employee …

Inside Spain’s failed plan to fix the gig economy

On 12 August 2021, Spain became the first European country to significantly regulate the gig economy. The Supreme Court, ruling in favour of a former gig economy rider, declared that …

Spanish Government restores sectoral collective bargaining

Just before the turn of the year, on the 28th December, Spain passed significant labour reforms, described as the “beginning of the end of labour market anomalies involving temporary and precarious …

High Court of Castile and Leon Decision 2037/2021 declaring that it is lawful for employers to introduce software monitoring remote work as evidence at trial

Decision issued by the High Court of Castile and Leon, No. 2037/2021, declaring that evidence collected by a software installed by employers on computers used by their employees working from …

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Spanish Supreme Court Decision 1/2022 holding that the general dismissal of housekeeper contract is void where the employee is pregnant, regardless of whether the employer knew of the pregnancy.

The Supreme Court has held in its Decision 1/2022 that the general dismissal of a pregnant housekeeper is void regardless of whether the employer knew of the pregnancy. The case …

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Comments on the decision issued by the Spanish Supreme Court 580/2021 declaring that vague salary clauses in employment agreements need not be specific as long as they are intended to make a reference to the minimum salary imposed by sectorial conventions

This article analyzes the Spanish Supreme Court decision 580/2021, dated May 26th, on the issue of whether it is legal for employers to simply include in the employment agreements with …

Comments on the decision issued by the Spanish Constitutional Court 19/2021 declaring that labor courts have the obligation to take into account the personal circumstances of the plaintiff so as to avoid gender discrimination

This article analyzes the Spanish Constitutional Court decision 19/2021, dated May 31st, declaring that labor courts reviewing the legality of a contractual modification brought by a female worker must consider …

Comments on the decision rendered by the European Court of Justice dated July 15th, 2021 declaring that employers may, under some circumstances, prohibit their employees from wearing religious clothing or symbols while at work

This article analyzes the impact of the European Court of Justice (“ECJ”) decision on the combined cases C-804/18 and C-341/19 on the religious restrictions that employers may lawfully impose on …