November 2018

 
     
 

LABOUR LAW

LEGISLATIVE AND CASE LAW DEVELOPMENTS

 
     
 

1. temporary SUBSTITUTION contracts. dIEGO PORRAS case.

The Court of Justice of the European Union modifies its own doctrine with regard to the first judgment in the Diego Porras case and reaffirms the validity of the Spanish regulations, as it had in the previous judgments in the “Grupo Norte” and “Montero Mateos” cases.

2. loss of annual LEAVE NOT TAKEN

The Court of Justice of the European Union holds that workers do not forfeit days of annual leave when they have not claimed them, as long as the company has not been proactive in guaranteeing the effective enjoyment of the right. 

3. DIFFERENCE IN duration of maternity and paternity leave

The Constitutional Court concludes that the disparity in the lengths of maternity leave and paternity leave is not discriminatory, since the two types of leave serve different purposes.

4. GROUPs of companies in collective dismissals

The Supreme Court concludes that the additional documentation requirements established in Royal Decree 1483/2012 for collective dismissals for economic reasons in companies that belong to a group are not limited to groups that are obliged to consolidate their accounts or that are classified as “pathological”.

5. uNION elections. COLLECTIVE BARGAINING AGREEMENT THAT ESTABLISHES A SINGLE ELECTORAL COLLEGE

The Supreme Court declares null a provision of a collective bargaining agreement that established a single electoral college in a company with more than 50 employees.

 

 
   
 

In case of any doubts or comments, please do not hesitate to contact

 

Mario Barros
mario.barros@uria.com

 

Juan Reyes
juan.reyes@uria.com

       
 

Jorge Gorostegui
jorge.gorostegui@uria.com

 

Raúl Boo
raul.boo@uria.com

 
     
 

The information contained in this Newsletter is of a general nature and does not constitute legal advice

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