June 2018

 
     
 

LABOUR LAW

LEGISLATIVE AND CASE LAW DEVELOPMENTS

 
     
 

CALCULATION OF ACCRUED BREASTFEEDING LEAVE

The Supreme Court confirms how accrued breastfeeding leave should be calculated when the applicable collective bargaining agreement provides no criteria in this regard.

ACCIDENTS WHILE COMMUTING

The Supreme Court holds that an employee’s accident when returning home from work by bus is an occupational accident even though the employee ran some personal errands before actually returning home from work.

CONTENT OF LETTERS COMMUNICATING COLLECTIVE REDUNDANCIES

The Supreme Court establishes that the letter of individual notification of a collective redundancy need not specify why the relevant employee has been selected.

FORMAL REQUIREMENTS OF A DISCIPLINARY DISMISSAL

The Supreme Court holds that a dismissal is unfair because the company fails to comply with the formal requirements in the applicable collective bargaining agreement.

FORMAL REQUIREMENTS OF A SUBSTANTIAL MODIFICATION OF WORKING CONDITIONS

The Supreme Court declares that a substantial modification of working conditions is null because the employer had not notified the employee representatives of the measure.

PRINCIPAL’S VIOLATION OF THE RIGHT TO STRIKE OF CONTRACTOR’S WORKERS

The High Court of Justice of Catalonia establishes that a principal violates the right to strike of a contractor’s workers when it replaces them for its own employees during a strike.

 

 
   
 

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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