1. ROYAL DECREE WHICH MODIFIES THE REGULATION ON NON-FINANCIAL AND DIVERSITY INFORMATION PASSED
Royal Decree 18/2017 of 24 November transposes Directive 2014/95/EU of 22 October 2014 and increases the amount of non-financial and diversity information that some companies and groups of companies must provide.
2. UNEQUAL TREATMENT. CALCULATION OF UNEMPLOYMENT BENEFITS FOR A “VERTICAL” PART-TIME WORKER
The Court of Justice of the European Union holds that part-time workers, who work three days per week (“vertical” part-time workers) are indirectly discriminated against and treated unfairly if only days actually worked are taken into account to calculate unemployment benefits.
3. TRANSFER OF UNDERTAKINGS OR PLACE OF BUSINESS BETWEEN PUBLIC-SECTOR BODIES
The Court of Justice of the European Union supports safeguarding employees’ rights in transfers of undertakings or places of businesses even when the companies involved are public-sector bodies or the transfer takes place as a result of the executive board’s decision to dissolve the public-sector body.
4. DOUBLE SALARY SCALE IN A COLLECTIVE BARGAINING AGREEMENT
The Constitutional Court protects employees by deciding that there is no objective, reasonable and current justification to allow a double salary scale in the length of services supplement established in the collective bargaining agreement.
5. DISCIPLINARY DISMISSAL DUE TO AN INFRINGEMENT OF CONTRACTUAL GOOD FAITH
The Supreme Court states that the unlawful behaviour of an employee who takes company property may be sanctioned even when such behaviour took place in a different workplace and outside working hours.
6. PRINCIPLE OF THE MOST BENEFICIAL CONDITION IN THE CONTEXT OF PUBLIC ADMINISTRATION. NO MOST BENEFICIAL CONDITION IF IT IS ELIMINATED IN A SUBSEQUENT COLLECTIVE BARGAINING AGREEMENT
The Supreme Court clarifies existing case law on the principle of the most beneficial condition in the context of public administration.
7. USE OF TECHNICAL MEANS BY A COMPANY THAT IS NOT THE ONE UNDERGOING A STRIKE DOES NOT CONSTITUTE STRIKE-BREAKING
The Supreme Court holds that the technical system habitually used by a company does not violate the right to strike in another company just because it reduces the impact of the strike in that other company.
8. ACCIDENT ON THE WAY TO AND FROM WORK. CAUSAL LINK NOT BROKEN BY THE EMPLOYEE STAYING ON WITH HIS COLLEAGUES FOR 30 MINUTES AFTER WORK
The High Court of Justice of the Balearic Islands holds that an accident suffered by an employee on his way home from work is a work-related accident. The required causal link was not broken by the fact that the employee stayed on with his colleagues in a cafeteria for 30 minutes after work.
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