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Employment And Pensions | Newsletter | February 2018

Newsletter

Case law updates

  1. Violation of the right to privacy for obtaining images from a hidden camera 
  2. Existence of indirect discrimination in objective dismissals due to absences 
  3. A dismissal is declared null and void even though 19 months have elapsed since the request for the reduction of working hours due to legal guardianship 
  4. The heart attack of a cabin crew member after finishing her shift is considered a work-place accident 
  5. Existence of employment relationship between a translator and the company with which he signed a contract for the rendering of services due to meeting the criteria of employment and dependency 
  6. Fairness of the dismissal of a security guard absent 45 minutes from his job 
  7. Being an intern for eight years constitutes an employment relationship 
  8. A citizen of the European Union who has stopped working on his own account for reasons beyond his control, retains the right of residence 
  9. Validity of the company’s refusal to the re-entry application submitted by a worker on voluntary leave, as it is covered by a worker with a part-time contract to perform specific work or services 
  10. No employment relationship exists between a music foundation and the musicians of its orchestra 
  11. EUR. 30.000 compensation for moral damage in a null dismissal 
  12. The dismissal of a worker after having communicated to the employer his inscription as an unmarried partner and subsequent paternity is sufficient cause to declare the dismissal null and void 
  13. The worker who has not been able to enjoy his accrued holidays for reasons beyond his control is entitled to financial compensation 
  14. The nullity of the contractual clause of termination due to works entails the unfairness of the dismissal 
  15. The presentation of the administrative claim in a post office has the same effects as its presentation before the corresponding Conciliation and Mediation Body

Legal updates

  1. Publication of the Social Security Contribution Order for 2018 
  2. Obligation of the General Treasury of the Social Security to electronically notify certain actions and procedures 
  3. Creation of the office for assistance with records at the headquarters of the General Intervention of the Social Security 
  4. Publication of Law 9/2017, of November 8, on Public Sector Contracts 

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Authors

Portrait ofEva Ceca
Eva Ceca
Counsel
Madrid
Portrait ofElena Esparza
Elena Esparza
Partner
Madrid
Portrait ofCésar Navarro
César Navarro
Partner
Madrid