PREGNANT WORKERS AND COLLECTIVE REDUNDANCY
The Court of Justice of the European Union stated that pregnant workers can be affected by a collective dismissal, provided that the decision was not made due to reasons relating essentially to their pregnancy.
DISMISSAL BASED ON JUSTIFIED ABSENCES AND DISABILITY SITUATION
The Court of Justice of the European Union concluded that the objective dismissal of an employee, based on absences triggered by his or her disability, can be considered discriminatory unless it is proved that the goal pursued is the reduction of absenteeism.
SALARY INCREASES IN A COLLECTIVE BARGAINING AGREEMENT THAT IS IN A STATE OF ULTRAACTIVIDAD
The Supreme Court considered that salary tables cannot continue to be updated in the event of a collective bargaining agreement that is in a state of ultraactividad (i.e. extension of the agreement’s validity beyond its actual term) if the salary increase was envisaged only for a fixed time frame.
QUANTIFICATION OF PSYCHOLOGICAL DAMAGES
The Supreme Court has confirmed preceding case law which held that in order to calculate compensation for psychological damages, the Labour Infringements and Penalties Law can be used as a guiding criterion.
PARTIAL EARLY RETIREMENT. ACCUMULATION OF WORKING HOURS
The Supreme Court upheld the legality of an employee who is partially early retired accumulating his or her working hours in order to work full time for approximately four months.
THE HOURLY RATE FOR OVERTIME CANNOT BE LOWER THAN THE NORMAL HOURLY RATE
The National Court decided that articles and salary tables set out in a collective bargaining agreement where the hourly rate for overtime is lower than the normal hourly rate must be considered null and void.