1. COMPANY SOCIAL SECURITY REGISTRATION, DE-REGISTRATION AND MODIFICATION OF WORKERS’ DATA
Royal Decree 997/2018 improves the process for social security registrations, de-registrations and modifications of worker’s data.
2. Workers posted overseas to replace other posted workers must register with THE SOCIAL SECURITY SYSTEM OF THEIR new PLACE OF WORK
The Court of Justice of the European Union has held that a posted worker must register with the social security system of the Member State of his or her new place of work if he or she is replacing another posted employee, even if both workers have not been posted by the same employer.
3. COLLECTIVE REDUNDANCIES. LIMITS TO CHALLENGING THROUGH INDIVIDUAL PROCEEDINGS
The Labour Chamber of the Supreme Court has determined in which cases the grounds of a collective redundancy approved by the employee representatives can be questioned through individual proceedings.
4. LIMITED APPLICATION OF TERMS AND CONDITIONS OF EMPLOYMENT BASED ON AN EXPIRED COLLECTIVE BARGAINING AGREEMENT
In a judgment in which the Supreme Court analyses its case law on the application of collective bargaining agreements after their expiry, it has held that their terms and conditions cannot become contractual terms and conditions of employment (a process known as contractualización) if there is another applicable collective bargaining agreement with a wider scope of application (e.g. there is a regional CBA to replace an expired provincial CBA).
5. GRANTING LEAVE DUE TO THE HOSPITALISATION OF FAMILY MEMBERS REQUIRES THEIR OVERNIGHT STAY AT HOSPITAL
The National Court has held that for a worker to be entitled to leave for the hospitalisation of a family member, “hospitalisation” implies an overnight stay.
6. STAND-BY TIME NOT CONSIDERED AS WORKING TIME
The High Court of Justice of Madrid has limited the application of the Court of Justice of the European Union’s judgment in the “Ville de Nivelles v Rudy Matzak” case. It has held that when an employee on stand-by has a maximum response time of 30 minutes, the time he/she spends on stand-by is not working time.