1. FRAUDULENT CONTRACTING AND IRREGULAR USE OF PART-TIME CONTRACTS
The Directorate of the Labour and Social Security Inspectorate issued Directive 4/2019 of 7 August, on the approval and implementation in 2019 of two action plans against fraudulent contracting and the irregular use of part-time contracts.
2. APPLICATION OF TAX REDUCTION TO EXCESS COMPENSATION PRODUCED IN TWO OR MORE TAX PERIODS
The resolution of the Directorate-General for Taxation V1523-19 of 24 June 2019 aims to carry out a consultation on the possibility of applying the 30% reduction to compensation paid for dismissal.
3. PROHIBITION OF DISCRIMINATION IN CALCULATING THE AMOUNT OF PART-TIME WORKERS’ RETIREMENT PENSION
The Constitutional Court has declared the nullity of the provision governing the calculation of part-time workers’ retirement pension on the grounds that it is discriminatory.
4. NULLITY OF A COMPANY statement due to it INTRODUCING A SUBSTANTIAL modification of WORKING CONDITIONS
The Supreme Court has ruled that a unilateral decision by a company to change the provision of on-call services established in the collective bargaining agreement to one not foreseen in that regulation, and which is contrary to the standard practice of the undertaking, entails a substantial modification of working conditions.
5. COLLECTIVE MODIFICATION OF WORKING CONDITIONS
The National Court has declared that a publishing group’s decision to replace the provision of all the brand’s publications in print with a subscription to an online platform providing access to a part of them is a substantial modification of working conditions.
6. The contractual relationship of FOOD-DELIVERY riders is considered a labour relationship
The High Court of Justice of Asturias has determined that the contractual relationship of food-delivery riders with the platform running the service is of a labour nature.
7. NULLITY OF A DISMISSAL DUE TO its PROXIMITY TO THE BIRTH OF THE WORKER’S DAUGHTER
The High Court of Justice of the Basque Country has considered the dismissal of a female worker nine months and eight days after the birth of her daughter to be void as it constituted an indication of gender discrimination.
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