Employment And Pensions Alert | April-May 2019

Case law updates

1. “De Diego Porras” case reaches its conclusion: no entitlement to compensation upon termination of a relief contract 
2. Companies are not liable for accidents when an employee breaches prevention regulations 
3. Difference in treatment of severance for employees under a service agreement and permanent employees not discriminatory 
4. On-call employees required to avoid situations which could hinder their ability to fulfil their duties 
5. Right of option exercised by the Salary Guarantee Fund (FOGASA) instead of an insolvent company which fails to attend court 
6. Companies cannot swap a Christmas hamper given as a more advantageous benefit for a donation of the same amount to an NGO 
7. The validity of video surveillance to prove dismissals on disciplinary grounds 
8. Dismissal of an employee who testified as a witness against the company declared null and void 
9. Employees advertising their own services on Facebook recognised as unfair competition by their employer, triggering lawful dismissal 
10. Termination settlement does not free employees from debts with a company unless specifically set out in the employment release form 
11. Back pay must be calculated up to the date on which the explanatory note clarifying a court judgment is notified