1. Amendment of Royal Decree on worker protection from exposure to carcinogens at work
Following the passing of a new European directive, Royal Decree 665/1997 of 12 May on worker protection from exposure to carcinogens at work has been amended to include additional job positions and carcinogens, as well as their respective limits in some cases.
2. A temporary work agency that only selects and recruits candidates in the Member State in which it is established is not carrying out a “substantial activity” in that Member State
The Court of Justice of the European Union has held that temporary employment agencies that select and recruit workers in the Member State in which they are established, but do not then assign them to companies in that Member State, do not carry out a “substantial activity” and therefore do not qualify for the social security benefits offered under EU law.
3. The principle of equal pay for male and female workers can be invoked directly in proceedings between individuals
The Court of Justice of the European Union has held that the principle of equal pay for male and female workers contained in article 157 of the Treaty on the Functioning of the European Union directly applies to proceedings between individuals, in respect both of “equal work” and “work of equal value”.
4. Temporary replacement contracts can be used to substitute an employee who has been temporarily assigned to another position
The Supreme Court has held that temporary replacement contracts (contrato de interinidad) can be used to cover the position of an employee who is temporarily assigned to another position within the same company, even if the substituted employee’s contract has not been suspended for any of the reasons provided in the Workers’ Statute or applicable collective bargaining agreement.
5. Basic copies of contracts provided to employee representatives need not contain information not in the original contract
The Supreme Court has adjusted the concept of “basic copy” by stating that employee representatives can be provided a basic copy of the contract containing expressions such as “according to the agreement” or “according to the collective agreement”. The employer is not obliged to provide any information beyond that included in the original contract.
6. Salary reduction for unjustified tardiness not an unlawful penalty
The Supreme Court has held that reducing a worker’s salary for unjustified tardiness in clocking in for work is not a fine or a concealed penalty, which is prohibited by law.
7. Power cuts and other disruptions beyond the control of remote workers are working time
The Spanish National High Court (Audiencia Nacional) has ruled that, the time during which remote workers are unable to work due to incidents such as power cuts or internet failures that are beyond their control is still considered working time.
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