1. Objective dismissal for justified absences from work IS repealED
Royal Decree-Law 4/2020 of 18 February 2020 that repeals the objective dismissal for absences from work regulated in article 52(d) of the consolidated text of the Statute of Workers, approved by Royal Legislative Decree 2/2015 of 23 October
Royal Decree-Law 4/2020 repeals article 52(d) of the Statute of Workers under which an employer is allowed to dismiss an employee on objective grounds for absences from work (even if they are justified) when they exceed the maximum number of absences permitted by law.
2. Measures on adjustment and maintenance of state pensions
Royal Decree-Law 1/2020 of 14 January 2020 on adjustment and maintenance of state pensions
Royal Decree-Law 1/2020 provides provisional social security measures that will enter into force from 1 January 2020 relating to (i) the adjustment of state pensions and other benefits; (ii) maximum and minimum amounts of state pensions and other benefits; and (iii) the payment to maintain the value of state pensions.
3. EMPLOYEE dismissal FOR CRITICISING business management IS NULL
Judgment of the Spanish Constitutional Court of 25 November 2019
The Constitutional Court has interpreted that the disciplinary dismissal of an employee who had criticised his employer’s business management should be declared void but not unfair because he was dismissed for exercising his right to freedom of expression. The Constitutional Court held that the right to freedom of speech includes the possibility of giving opinions on one’s employer as long as the comments are not offensive or unjustified.
4. Salary for compensation PURPOSES by APPLYING a different collective bargaining agreement Can be discussed during the dismissal procedure
Judgment of the Labour Chamber of the Spanish Supreme Court of 12 November 2019
The Supreme Court held that the matter of amount of salary for compensation purposes can be discussed during the dismissal procedure, even when compensation is to be calculated in accordance with a collective agreement other than the one that was being applied. Similarly, the amount of salary derived from the employee’s job category can also be discussed.
5. The PArties may agree to change The redundancy payment date during a collective dismissal proceDURE
Judgment of the Labour Chamber of the Spanish Supreme Court of 12 November 2019
The Supreme Court held that a redundancy payment may be made available at a different time than when the redundancy is communicated to the employee, provided that the deferred payment has been agreed with employee representatives during the collective dismissal negotiation, and payment is made before the employment contract is terminated.
6. Double PAY scale PERMITTED when linked to training and
temporary ...
Judgment of the Labour Chamber of the Spanish Supreme Court of 29 October 2019
The Supreme Court held that a double pay scale resulting from applying the company’s collective bargaining agreement is not discriminatory, when the difference in salary between new and current employees is justified by having a training programme in place and it is a temporary situation that ceases to apply at the end of the training programme.
7. ...BUT NOT PERMITTED when based exclusively on the date the employee joined the company and not consolidated
Judgment of the Labour Chamber of the Spanish Supreme Court of 22 October 2019
The Supreme Court held that the double salary scale resulting from the application of a length of service supplement linked to the date on which an employee joins a company is discriminatory when the amount is not fixed and consolidated, but increases when employees are promoted and has a bearing on the social security benefits and conditions provided in the applicable collective bargaining agreement.
8. Marriage leave does not apply to other types of civil partnerships
Judgment of the Labour Chamber of the Spanish Supreme Court of 22 October 2019
The Supreme Court has interpreted that marriage leave provided in the collective bargaining agreement does not extend to other types of civil partnerships, unless the collective bargaining agreement states otherwise, and this exclusion is not contrary to the principle of equality.
9. Employees ENTITLED to Collective bargaining agreement childbirth leave following the enactment of Royal decree-law 6/2019 of 1 March
Judgment of the Labour Chamber of the Spanish National Court of 22 November 2019
The National Court held that although the regulation on childbirth leave in the Statute of Workers has been repealed, workers are still entitled to exercise this right when it is included in the applicable collective bargaining agreement as it constitutes a better working condition. |
