March 2018

 
     
 

LABOUR LAW

LEGISLATIVE AND CASE LAW DEVELOPMENTS

 
     
 

1. STAND-BY OBLIGATION. POTENTIAL CONSIDERATION AS WORKING TIME

The Court of Justice of the European Union holds that stand-by time during which an employee is obliged to answer calls from the employer in a short period of time at home should be considered “working time”.

2. NEGOTIATION OF A COLLECTIVE BARGAINING AGREEMENT. MEMBERS OF THE WORKS COUNCIL AND UNION REPRESENTATIVES

The Supreme Court holds that members of works councils who are affiliated to a trade union are not automatically trade union representatives given that this specifically requires a positive act of either appointment or empowerment.

3. PLATFORM ECONOMY. EXISTENCE OF AN EMPLOYMENT RELATIONSHIP

The Supreme Court finds a employment relationship to exist between a translator and the company that mediated with the clients receiving the translation services.

4. REDUCTION IN WORKING HOURS AND CHOICE OF TIMETABLE

The High Court of Justice of Andalusia holds that, to deny a reduction in working hours when specific hours fall outside the normal working timetable, the company must justify the organisational or economic damage caused.

5. LEGAL CLASSIFICATION OF DISMISSAL WITHOUT CAUSE

The High Court of Justice of Catalonia holds that a dismissal without cause is classified as an unfair dismissal and not a void dismissal.

 

 
   
 

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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