September 2019

 
     
 

LABOUR LAW

LEGISLATIVE AND CASE LAW DEVELOPMENTS

 
     
 

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.

 

 
   
 

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

           
 

Ignacio García-Perrote
ignacio.garcia-perrote@uria.com

 

Mario Barros
mario.barros@uria.com

 

Juan Reyes
juan.reyes@uria.com

           
 

Ana Alos
ana.alos@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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