October 2017

 
     
 

LABOUR LAW

 
     
 

1. APPROVAL OF LAW ON URGENT SELF-EMPLOYMENT REFORMS

The aim of Law 6/2017 of 24 October on urgent self-employment reforms is to support entrepreneurship, taking into account its particular characteristics.

2. GENDER-BASED DISCRIMINATION: RISKS DURING BREASTFEEDING

The Court of Justice of the European Union considers whether workers who are breastfeeding should be afforded the same protection under EU law as workers who are pregnant or on maternity leave.

3. SELECTION CRITERIA IN COLLECTIVE REDUNDANCIES. INDIVIDUAL COMMUNICATION

The Supreme Court declares that it is not reasonable to require a company to explain the criteria for selecting a worker to be dismissed in a collective redundancy procedure in his or her dismissal letter.

4. DAMAGES CAUSED BY UNFAIR COMPETITION: DO THE LABOUR COURTS HAVE JURISDICTION?

The Supreme Court holds that the labour courts have jurisdiction to hear a claim for damages in a case in which three workers had set up two companies while working for the claimant company. The court reached its decision even though the alleged unfair competition started after the individuals’ employment relationship with the claimant company had ended.

5. WHATSAPP MESSAGES VALID EVIDENCE OF TACIT RESIGNATION

The High Court of Justice of Madrid considers WhatsApp messages between a worker and her supervisor as valid evidence of her tacit resignation, even though these communications were informal.

 

 
   
 

In case of any doubts or comments, please do not hesitate to contact

 

Mario Barros
mario.barros@uria.com

 

Juan Reyes
juan.reyes@uria.com

       
 

Jorge Gorostegui
jorge.gorostegui@uria.com

  Raúl Boo
raul.boo@uria.com
 
     
 

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

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