1. AUTOMATICALLY EXTENDED FIXED-TERM CONTRACTS ARE SUCCESSIVE CONTRACTS ACCORDING TO EUROPEAN REGULATION
The Court of Justice of the European Union has held that fixed-term contracts subject to statutory automatic extensions are successive contracts in accordance with the first sentence of Article 5(2) of the 1999 Fixed-term Work Directive.
2. EQUALITY PLANs NEGOTIATED BY AD-HOC WORKERS COMMITTEEs ARE NOT VALID
The Spanish Supreme Court has upheld the judgment of the Spanish National Court that declared null an Equality Plan that a company had negotiated with an ad-hoc workers committee. Ad-hoc representation is only valid where expressly provided by law.
3. COLLECTIVE AGREEMENT PROVISION that IMPROVes PREVIOUS PAID PARENTAL LEAVE by two days IS NOT APPLICABLE
The Labour Chamber of the Supreme Court has analysed the effects that removing the two-day paid paternal leave following childbirth, recognised under former article 37.3.b) of the Statute of Workers, and equating both parents’ parental leave entitlement have on a collective bargaining agreement provision that improved paid parental leave.
4. WHERE THE CAUSES OF AN ILLNESS leading TO TEMPORARY DISABILITY ARE IN DISPUTE, Economic effects of a change in type of disability can only be backdated three months
The Labour Chamber of the Supreme Court has held that the need for temporary disability benefits to be officially recognised and approved (principio de oficialidad) does not apply when the cause of the illness leading to the disability is in dispute, and the worker applies for this to be determined. In these cases, the economic effects of upholding the worker's petition are only backdated three months from the date the petition is made.
5. THE PERIOD TO FILE A CLAIM SEEKING NULLITY OF A COLLECTIVE redundancy STARTS FROM THE END OF THE 15-DAY TERM within which the SOCIAL SECURITY INSPECTOR must REPORT
The Spanish Supreme Court has upheld a company’s appeal and declared time barred the Labour Authority’s action seeking the nullity of the company’s collective redundancy. The lower court’s decision held that the 20-day term to file the action had elapsed, as this period began to run from the moment the deadline passed for the Social Security Inspector to report on the redundancy.
6. FIREFIGHTERS’ TRANSIT THROUGH AN AIRPORT TO CLOCK IN FOR WORK IS NOT WORKING TIME
The Labour Chamber of the Supreme Court has held that the time firefighters at Palma de Mallorca Airport take to get through the airport to clock in for work and leave the airport at the end of their working day, is not working time.
7. Extra PAYMENT PRORATION NOT AN OPTION WHEN THE COLLECTIVE bargaining AGREEMENT SETS YEARLY PAYMENT dates
The Labour Chamber of the Supreme Court has held that if the applicable collective bargaining agreement establishes that extra payments are to be paid at two specific times of the year, the company cannot unilaterally decide to prorate them. Therefore, in this case, the prorated extra pay that the worker received each month was held not to be equivalent to the twice-yearly extra payments established in the applicable collective bargaining agreement.