CMS Albiñana & Suárez de Lezo updates

Ignore the collective dismissal regulations… at your peril!
CMS Albiñana & Suárez de Lezo
  • Employment & Benefits
  • Spain
  • 20 February 2019

The Supreme Court recently concluded that the implementation of individual redundancies which collectively exceed the applicable statutory thresholds should be carried out in accordance with the legal procedure for collective dismissals, even if agreements have been reached with employee representatives. This case was particularly complex due to the fact that the employment terminations had not been de facto implemented through a redundancy.

New digital rights: employees' right to privacy in use of video, audio and geolocation surveillance
CMS Albiñana & Suárez de Lezo
  • Employment & Benefits
  • Spain
  • 06 February 2019

The new Data Protection Act has introduced a number of so-called 'digital rights' for employees. Prior to the act's entry into force, the Supreme Court and the Constitutional Court had already issued regulations on how employers could monitor employees using video, audio or geolocation surveillance, which were in line with European Court of Human Rights rulings. Although the new act has made no special amendments to the courts' regulations, it has provided a concrete legal framework in this regard.

New digital rights: employees' right to disconnect
CMS Albiñana & Suárez de Lezo
  • Employment & Benefits
  • Spain
  • 30 January 2019

The new Data Protection Act introduced a number of so-called 'digital rights' for employees, including a right to disconnect from their work devices. This right aims to guarantee employees' rest, leave and holiday time, as well as their right to personal and family privacy. The provision concerning how this right should be exercised is general. As such, the legislature has left it up to employers to define each employee's right to disconnect in their collective bargaining or employment agreement.

New digital rights: employees' right to privacy in use of digital devices at work
CMS Albiñana & Suárez de Lezo
  • Employment & Benefits
  • Spain
  • 16 January 2019

The new Data Protection Act recently entered into force, introducing a number of so-called 'digital rights'. The Spanish legal system already provides a framework regarding the use of digital devices at work and how employers can exercise control over them in view of employees' right to privacy. Although the act has introduced no significant changes in this regard, employees' right to privacy regarding the use of digital devices at work has now been set out in law.

New Data Protection Act introduces digital rights for employees
CMS Albiñana & Suárez de Lezo
  • Employment & Benefits
  • Spain
  • 09 January 2019

The new Data Protection Act was recently published in the Official State Gazette, transposing the EU General Data Protection Regulation into Spanish law. In addition, the act has introduced a number of so-called 'digital rights' which directly concern employees, including the right to privacy in the use of technological devices at work and the right to disconnect from work.

Court rules that employee's disciplinary dismissal for taking paid annual leave justified
CMS Albiñana & Suárez de Lezo
  • Employment & Benefits
  • Spain
  • 21 November 2018

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.

Supreme Court moves towards recognising employees' rights to reduce working hours for childcare purposes
CMS Albiñana & Suárez de Lezo
  • Employment & Benefits
  • Spain
  • 26 September 2018

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.

How to reduce absenteeism
CMS Albiñana & Suárez de Lezo
  • Employment & Benefits
  • Spain
  • 18 July 2018

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.

Moving towards equal pay for men and women at work
CMS Albiñana & Suárez de Lezo
  • Employment & Benefits
  • Spain
  • 25 April 2018

A recent judgment of the Andalusia High Court is the first decision in Spain to expressly declare that women and men are entitled to receive the same salary when performing similar functions and responsibilities, unless the company provides objective grounds, unrelated to gender, to justify the salary inequalities. It is advisable for companies to review their salary policies in order to identify employee remunerations that could be considered discriminatory.

Hidden cameras as evidence for dismissal?
CMS Albiñana & Suárez de Lezo
  • Employment & Benefits
  • Spain
  • 21 February 2018

The European Court of Human Rights recently ruled that the installation of hidden surveillance cameras by a Spanish company without informing its employees infringed Article 8 of the Convention of Human Rights and Fundamental Freedoms (employees' right to respect for privacy and human dignity). This ruling serves as a reminder that before installing hidden surveillance cameras, companies must analyse all of the applicable circumstances.

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