POSTING OF WORKERS
Royal Decree-Law 9/2017 of 26 May transposes European Union Directives on financial, commercial, health and posting-of-workers issues.
LIBERALISATION OF THE FRAMEWORK FOR STEVEDORES
Royal Decree-Law 8/2017 of 12 May modifies the employment framework for stevedores in order to comply with the European Court of Justice’s ruling handed down on 11 December 2014, which had concluded that Spanish regulations infringed the freedom of establishment enshrined in Article 49 of the Treaty on the Functioning of the European Union.
RECORDING EMPLOYEES’ DAILY WORKING TIME
The Supreme Court has held, for the second time, that companies are not required to record the daily working time of their full-time employees.
DISMISSAL OF AN EMPLOYEE WHILE UNDERGOING VITRO FERTILIZATION TREATMENT IS NULL
The Supreme Court declared that the dismissal of a woman undergoing in vitro fertilization treatment was null because the company failed to prove that its decision was not discriminatory.
DISMISSAL UNFAIR IN A TRANSFER OF UNDERTAKINGS DUE TO ABUSE OF LAW
The Supreme Court has ruled that making an artificial split of a production unit cannot circumvent the rules governing transfers of undertakings and, therefore, the subsequent dismissal of employees unaffected by the transfer is unfair.
NEGOTIATORS’ LACK OF REPRESENTATIVENESS UNDER A COLLECTIVE BARGAINING AGREEMENT
The Supreme Court refused to declare the total invalidity of a collective bargaining agreement which extended the provisions beyond the scope of its representativeness and held only the disputed clause invalid.
PRESCRIPTION PERIOD STARTS WITH THE DECISION DECLARING THE CONTINGENCY WORK-RELATED
The Supreme Court held that the legal prescription period to seek damages for work-related accidents and illnesses begins to run from the final administrative decision declaring the contingency work-related.