March 2017

LABOUR LAW

MAXIMUM AND MINIMUM SOCIAL SECURITY CONTRIBUTION BASES FOR 2017

The social security contribution bases for 2017 have been updated to reflect the increase in the national minimum wage.

USING EXISTING TECHNICAL MEASURES DURING A STRIKE IS NOT STRIKE-BREAKING

The Constitutional Court has held that using technical measures already in place in a company before a strike is called does not infringe the employees’ right to strike.

SEXUAL DISCRIMINATION: RIGHT TO PROMOTION

The Constitutional Court has held that not respecting an employee’s preferential right established in a collective bargaining agreement because she is on leave for pregnancy-related health risks is discriminatory.

REINSTATING A DISMISSED EMPLOYEE IN A DIFFERENT WORKPLACE AND ROLE IS NOT IRREGULAR IF THE EMPLOYEE’S FORMER POSITION DOES NOT EXIST AT THE TIME OF REINSTATEMENT

The Supreme Court has held that dismissed employees are correctly reinstated when, as a consequence of their former workplace being closed, they are not reinstated in the same conditions as they had when they were dismissed.

SEXUAL DISCRIMINATION: LIMITING A RIGHT TO VARIABLE REMUNERATION

The Supreme Court has held that calculating variable remuneration linked to production without treating maternity leave as effective working time is discriminatory.

COLLECTIVE CHALLENGES TO COLLECTIVE REDUNDANCIES: LIMITS

The Supreme Court has held that the potential fraudulent nature of a temporary contract cannot be analysed as part of a collective challenge to a collective redundancy because it is an individual and not a collective issue.

IN TRANSFERS OF UNDERTAKINGS, THE TRANSFEREE MUST ASSUME THE CONSEQUENCES OF A DISMISSAL CARRIED OUT BEFORE THE TRANSFER

The Supreme Court has held that the consequences of a dismissal carried out before a transfer must be assumed by the transferee jointly and severally with the transferor.

MATERNITY BENEFITS AND SURROGACY

The Supreme Court has held that the mother of a child born to a surrogate is entitled to maternity benefits even though there is no statutory provision to this effect.

LABOUR INSPECTORATE CAN ANALYSE THE GROUNDS FOR COLLECTIVE REDUNDANCIES

The Contentious-Administrative Chamber of the Supreme Court has held that the Labour Inspectorate is entitled to analyse the grounds given for a collective redundancy and not just verify whether the company has filed the documentation required by law.

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

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