SUBSTANTIAL MODIFICATIONS OF WORKING CONDITIONS WHICH ARE DETRIMENTAL TO EMPLOYEES QUALIFY AS DISMISSALS
Two judgments of Court of Justice of the European Union have held that if workers do not agree to the substantial modifications of their working conditions, the termination of their contracts qualifies as a “dismissal” for the purposes of calculating the thresholds that determine the information and consultation obligations of collective redundancies.
EUROPEAN CASE LAW AND ADDITIONAL PROTECTION TO THE RIGHT TO PARENTAL LEAVE
The Court of Justice of the European Union fosters the protection of the right to parental leave, safeguarding the promotion of workers who take parental leave.
WORKER HAS THE RIGHT TO RETURN TO A POSITION THAT DOES NOT FORCE HIM OR HER TO RELOCATE AFTER A VOLUNTARY EXTENDED LEAVE OF ABSENCE
The Supreme Court has confirmed that a worker retains his or her right to return to work after a voluntary extended leave of absence until a position becomes available in the same or similar professional category as that held before, and which does not force him or her to relocate.
DEDICATION TO EMPLOYEE REPRESENTATIVE ACTIVITIES
The Supreme Court has ruled that the number of working hours union delegates may dedicate to their activities depends on whether they are employee representatives at company level or at a workplace level.
TRANSFER OF UNDERTAKINGS DURING INSOLVENCY PROCEEDINGS
The High Court of Justice of Andalusia has declared that the transferee of an undertaking during insolvency proceedings can only be exonerated from part of the labour debts if the insolvency judge declares the exoneration in the court order allowing the transfer of undertaking. This is regardless of whether the debts might concern workers who have not been transferred.
GENERALITAT DE CATALUNYA LIABLE FOR A NEGLIGENT WORKFORCE ADJUSTMENT PLAN
The High Court of Justice of Catalonia has declared that the Generalitat de Catalunya (Government of the Autonomous Region of Catalonia) is liable towards Tractel Ibérica, S.A. owing to the Catalan labour authorities negligently authorising a workforce adjustment plan that was subsequently declared null.