December 2016

LABOUR LAW


1. MINIMUM WAGE 

Royal Decree 742/2016 of 30 December sets the minimum wage at EUR 707.70 per month, or EUR 23.59 per day. 

2. SOCIAL SECURITY MAXIMUM CONTRIBUTION BASE

Royal Decree-Law 3/2016 of 2 December implementing tax measures aimed at consolidating public finances and other urgent social measures, regulates several matters, including setting the maximum social security contribution base for 2017. 

3. POTENTIAL NULLITY OF DISMISSAL OF WORKERS IN A TEMPORARY DISABILITY SITUATION

The Court of Justice of the European Union analysed whether the dismissal of a worker who was temporarily disabled was eligible for the protection granted by Community Law on discrimination on the grounds of disability.

4. DEPOSIT FOR APPEAL OF DISMISSAL WHEN EMPLOYER HAS OPTED FOR COMPENSATION

The Constitutional Court examined whether the deposit to appeal against a decision deeming a dismissal unlawful, in which the company opted to pay compensation, should only include the compensation, or also back pay.

5. CLAIMS REGARDING INTEREST ACCRUED UNDER DELAYED PAYMENT OF BENEFITS PAID OUT OF THE SALARY GUARANTEE FUND MUST BE HEARD IN THE LABOUR COURTS

The Supreme Court held that the labour courts have jurisdiction in proceedings regarding claims for interest accrued for the delayed payment of benefits paid out of the Wage Guarantee Fund.

6. BENEFICIARY OF A BENEFITS SURCHARGE FOR LACK OF SAFETY MEASURES IS EXEMPT FROM REFUNDING IT EVEN IF SUBSEQUENTLY REVOKED

The High Court of Justice of Catalonia held that a worker should not refund the benefits surcharge received during the course of the proceedings even though the surcharge was subsequently revoked.

7. TOTAL PERMANENT DISABILITY DUE TO AN ALLERGY HYPERSENSITIVITY TO MOBILE NETWORKS AND WI-FI

The High Court of Justice of Madrid recognised the total permanent disability of a telecommunications engineer, who was suffering from a syndrome of chemical sensitivity or electromagnetic hypersensitivity to mobile networks and Wi-Fi.

 back to top


The information contained in this Newsletter is of a general nature and does not constitute legal advice