1. THE EUROPEAN COURT OF HUMAN RIGHTS EXPLAINS THE REQUIREMENTS FOR COMPANIES TO ACCESS THEIR EMPLOYEES’ PERSONAL EMAILS
Following the first decision in the Barbulescu case, the European Court of Human Rights explains the requirements for companies to access their employees’ emails. It also clarifies that companies may check the content of their employees’ messenger applications, provided that the messages are sent using the company’s electronic devices.
2. RELEVANCE OF THE FACTS AS FOUND: “SNACK BREAKS” MAY CEASE TO BE CONSIDERED EFFECTIVE WORKING TIME AT THE COMPANY’S CHOICE
Companies may cease to classify “snack breaks” as effective working time, as long as these breaks are not considered a more beneficial working condition.
3. THE TERMINATION OF THE LEGAL PERSONALITY OF A COMPANY MAY JUSTIFY A COLLECTIVE TERMINATION BECAUSE IT IS A VALID INDEPENDENT TERMINATION CAUSE
The Supreme Court declared RUMASA’s collective dismissal to be lawful insofar as the termination of the legal personality of the company is a fair and valid independent termination cause (i.e. one that is different from those listed in article 49 of Spain’s Statute of Workers). Nevertheless, the company must follow the collective dismissal procedure and there must be no evidence of fraud or an abuse of rights.
4. JOINT AND SEVERAL LIABILITY FOR THE SALARY DEBTS OF THE PREVIOUS CONTRACTOR COMPANY
In the context of a succession of contracts (sucesión de contratas), the liability for the salary debts of the outgoing assigned company that acquired those debts from the previous contractor company, extends jointly and severally to all the contractor companies.
5. THE DISAPPEARANCE OF THE WORKPLACE INVOLVES THE TERMINATION OF THE MANDATE OF THE EMPLOYEE REPRESENTATIVES
The Supreme Court has confirmed that the mandate of employee representatives is dependent upon the subsistence of the workplace (which is the objective and subjective basis of its representation) to which they are assigned.
6. THE DISMISSAL OF AN EMPLOYEE WHO ENJOYS A REDUCTION OF HIS OR HER WORKING TIME IS VOID AND NOT UNFAIR
The Supreme Court reiterates its theory according to which, if an employee enjoys a reduction of his or her working time in order to care for a relative, an unjustified dismissal will be automatically void.
7. THE GENERIC IMAGE RIGHTS CLAUSES THAT APPEAR IN EMPLOYMENT CONTRACTS MAY BE VOID
The National Court (Audiencia Nacional) has declared void the business practice of incorporating generic employee image rights clauses in employment contracts.
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