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.
The Navarre High Court recently held that an employer had been justified in dismissing an employee for taking her paid annual leave on dates that were unauthorised by the employer. Following this judgment, employees who ignore their employer's instructions regarding the period during which paid annual leave can be taken run the significant risk of being dismissed on disciplinary grounds for disobeying their employer's orders and breaching their contractual good faith obligation.
The employment courts recently expanded the scope of the rights and privileges granted to employees who exercise their right to request a reduction of their working hours, including to take care of a child under 12 years old. A recent Supreme Court decision represents another step forward in recognising these rights when employees are dismissed and the dismissal is declared null and void by an employment court.
Absenteeism costs Spanish companies approximately €77 billion a year and has become such a pressing issue that the Ministry of Finance has announced measures to combat it in the public sector. Companies must be proactive in implementing measures and controls to reduce absenteeism in order to raise employee awareness of such impact and enable them to avoid the implementation of coercive measures.