Employment And Pensions | Newsletter | February 2018
Newsletter
Case law updates
- Violation of the right to privacy for obtaining images from a hidden camera
- Existence of indirect discrimination in objective dismissals due to absences
- 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
- The heart attack of a cabin crew member after finishing her shift is considered a work-place accident
- 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
- Fairness of the dismissal of a security guard absent 45 minutes from his job
- Being an intern for eight years constitutes an employment relationship
- A citizen of the European Union who has stopped working on his own account for reasons beyond his control, retains the right of residence
- 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
- No employment relationship exists between a music foundation and the musicians of its orchestra
- EUR. 30.000 compensation for moral damage in a null dismissal
- 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
- The worker who has not been able to enjoy his accrued holidays for reasons beyond his control is entitled to financial compensation
- The nullity of the contractual clause of termination due to works entails the unfairness of the dismissal
- 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
- Publication of the Social Security Contribution Order for 2018
- Obligation of the General Treasury of the Social Security to electronically notify certain actions and procedures
- Creation of the office for assistance with records at the headquarters of the General Intervention of the Social Security
- Publication of Law 9/2017, of November 8, on Public Sector Contracts
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Newsletter
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Authors
Elena Esparza
Partner
Madrid
César Navarro
Partner
Madrid
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