1. PATERNITY LEAVE EXTENDED TO FOUR UNINTERRUPTED WEEKS
Due to the entry into force of Law 9/2009 of 6 October, extending the duration of paternity leave in cases of birth, adoption or fostering, effective 1 January 2017, paternity leave entitlements have been increased to four uninterrupted weeks.
2. PROVIDING PAYSLIPS ELECTRONICALLY IS VALID
The Supreme Court upheld the validity of delivering payslips to employees by electronic means rather than in the traditional paper format. It considers that this means of delivery complies the regulations, provided that the employee is able to obtain a copy of the payslip.
3. COMPANIES IMPLEMENTING A COLLECTIVE DISMISSAL, THAT MADE PROFITS IN THE TWO YEARS PRIOR, MUST PAY THE PUBLIC TREASURY REGARDLESS OF THE FINANCIAL RESULTS OF THE GROUP
The Supreme Court clarified that a company that makes a profit in the two years before initiating a collective dismissal is obliged to make economic contributions to the public Treasury. The payment must be made regardless of the financial results of the group of companies to which it belongs.
4. DISMISSING FOREIGN EMPLOYEES DUE TO THE LOSS OF THEIR WORK PERMIT IS UNFAIR
The Supreme Court has ruled that it is unfair to dismiss foreign employees due to the unexpected loss of their work permit because it is an unexpected circumstance beyond their control. The court also held that, since such employees cannot be reinstated to their prior position, they must be paid the relevant severance payment.
5. APPLICATION OF THE DOCTRINE REQUIRING ESSENTIAL UNITY IN THE LINK BETWEEN FRAUDULENT BACK-TO-BACK TEMPORARY CONTRACTS
The Supreme Court applied the principle requiring essential unity in the link between back-to-back temporary contracts (unidad esencial del vínculo) less rigorously in the case of fraudulent chains of successive temporary contracts. The court allowed a four-month interruption between contracts, ruling that the continuity of the contractual relationship had not been broken.
6. APPLYING THE PROPORTIONALITY PRINCIPLE TO COMPENSATION PROVIDED FOR IN A NON-COMPETE AGREEMENT
The Supreme Court held that the Labour Court is entitled to apply the proportionality principle to the amount that, according to a post contractual non-compete agreement, employees must pay companies for failing to comply with their non-compete obligations.
7. DISMISSAL OF AN EMPLOYEE WHO WAS TEMPORARILY DISABLED NULL
Labour Court 33 of Barcelona ruled that the dismissal of an employee who was temporarily disabled for an indefinite term, and could not work, was null as it entailed disability discrimination. To reach its decision, the Court applied, for the first time, the doctrine of the Court of Justice of the European Union established in its judgment dated 1 December 2016 (C-395/15).
The information contained in this Newsletter is of a general nature and does not constitute legal advice