Los acuerdos de teletrabajo de adhesión podrían ser declarados nulos
Comentario a la STSJ Galicia 2660/2023 de 30 de mayo Asunto – Teletrabajo Esta sentencia ha declarado nulo un acuerdo de teletrabajo de “adhesión” elaborado por la empresa y firmado por una multitud de sus trabajadores. Los motivos de esta nulidad son que la empresa no debatió estos acuerdos de teletrabajo ni con los Representantes […]
Spain: Spanish Supreme Court clarifies parental childbirth benefits for single-parent families
The Spanish Supreme Court upheld the judgment under appeal, stating that the right to enjoy an additional 8 weeks would entail several consequences which would significantly interfere with the regulatory order, since (i) it would mean creating a new contributory benefit in favour of single-parent parents which would alter the configuration designed by the legislature […]
Spain: The High Court of Justice of Cantabria recognizes the suicide of an employee, which occurred outside the company and outside working hours, as a work-related accident
The High Court of Justice of Cantabria ordered the Social Security Institute and a company’s mutual insurance company to pay widow’s and orphan’s pensions arising from an occupational contingency to a woman and her daughter for the father’s suicide. Although the event occurred outside the company, the judges consider that it was linked to his […]
Spain: The High Court of Justice of Catalonia awards a dismissed employee a complementary payment on top of the statutory severance payment
In the present case, the company dismissed the employee based on business grounds, specifically due to productive reasons. Just 5 days after the termination, the company resorted to a temporary labor force adjustment plan due to force majeure derived from the pandemic. As a result of the dismissal, the employee filed a lawsuit claiming the […]
Restrictive Covenants in United Kingdom
Definition and Types of Restrictive Covenants The following restrictive covenants are recognised and may be enforceable under the law: Non-compete clauses; Non-solicitation of customers; Non-solicitation of employees. Enforcement of Restrictive Covenants—process and remedies Restrictive covenants are not automatically enforceable simply because they have been incorporated into a contract of employment. In fact, there is a […]
Social Media and Data Privacy in United Kingdom
Can the employer monitor, access, review the employee’s electronic communications? Employers can set their own rules in relation to use of the Internet and social media at work. It is advisable for employers to implement clear policies on the use of social media and social networking websites, setting out the standards of conduct expected from […]
Anti-Discrimination Laws in United Kingdom
Extent of Protection Anti-discrimination legislation in the UK is concerned with protecting employees, applicants for employment and other categories of protected individuals from discrimination (direct or indirect and harassment. Victimisation relating to any of the protected characteristics is also prohibited. However, the extent of protection afforded to employees is not without limits, and employers may […]
Hiring Practices in United Kingdom
Requirements for Foreign Employees to Work Any non-EEA national seeking entry or permission to remain in the UK for the purpose of employment may need to apply under Tier 2 of the Points Based System (PBS) via an approved Home Office Sponsor. The Tier 2 (General) route is open to overseas nationals who have been […]
Restrictive Covenants in Spain
Definition and Types of Restrictive Covenants The following restrictive covenants are recognised and may be enforceable under the law: Non-compete clauses; Non-solicitation of customers; Non-solicitation of employees. Enforcement of Restrictive Covenants—process and remedies If the employee breaches the agreement, he/she will be obliged to return the amount received for this concept and may be required […]