April 2017

LABOUR LAW

1. COMPENSATION FOR INDEFINITE NON-FIXED CIVIL SERVANTS

The Supreme Court rectified its doctrine regarding compensation corresponding to indefinite non-fixed public sector employees ceased because their post has been covered. The Court increased the compensation in such circumstances to 20 days per year of service for up to 12-months’ pay, instead of the 12 days per year compensation that was previously paid out.

2. USE OF E-MAILS BETWEEN AN EMPLOYEE AND HER LAWYER AS EVIDENCE

The Supreme Court rejected the use of several e-mails between an employee and her lawyer, which had been obtained in breach of the employee’s fundamental rights, as evidence.

3. INTERRUPTION OF THE STATUTE OF LIMITATIONS FOR THE RIGHT TO CLAIM A DEBT

The company’s acknowledgment of the employee’s complaint with the Labour Inspectorate interrupted the statute of limitations for the right to claim wage differences, on the basis that the complaint is considered equivalent to an extrajudicial claim.

4. COMPANY’S INSTRUCTIONS REGARDING THE USE OF IT SYSTEMS MADE AVAILABLE TO EMPLOYEES DO NOT INFRINGE THE FREEDOM OF ASSOCIATION

The company’s prohibition to use the IT systems made available to employees, excluding any activity for personal purposes, did not infringe the right to freedom of association.

5. ASKING THE EMPLOYEES IF THEY ARE GOING TO SUPPORT THE STRIKE IS NOT INTIMIDATING

The High Court of Castilla-La Mancha declared that the company did not breach the right to strike, by placing a poster on the union board requesting employees that were not going to support the strike to communicate it to those in charge at the company.

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