Labour law

Invalid Dismissal. Worker in Prison. Fundamental Rights.

Invalid Dismissal. Worker in Prison. Fundamental Rights.

A Court in Madrid annulled the dismissal of a worker that took place during the period that he was in prison. The judgment considers that there is a ‘more than well-founded’ suspicion that the employer get by without him because ‘they do not want an ex-convict among their staff’. And this violates the fundamental right of social reintegration. As it…

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Time-sharing Contract Resolution Lack of Concision, Purpose and Duration

Time-sharing Contract Resolution Lack of Concision, Purpose and Duration

The Plenum of the First Chamber of the Supreme Court handed has issued sentence, 192/2016, relapsed into Appeal in Cassation no. 793/2014 dated 29.03.2016, which once again sets that the lack of determination of the object and duration, determines the radical nullity of the time-sharing of real estate. However, when analyzing the consequences of such invalidity, it is stated that,…

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Fair Dismissal. European Court of Human Rights in Strasbourg. Inspection of the Private Emails Sent From Computers of the Company.

Fair Dismissal. European Court of Human Rights in Strasbourg. Inspection of the Private Emails Sent From Computers of the Company.

A judgment published on the European Court of Human Rights in Strasbourg (France) defends that it is justified that a company reads and inspects the emails, private or professional, of any employee. The judgment is referred to a “specific” case occurred in Romania, according to sources of the Court, in which the company accessed to the email of an employee…

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Labour Complaint. Resting Time Not Enjoyed. Remuneration.

Labour Complaint. Resting Time Not Enjoyed. Remuneration.

The social division of the Spanish Supreme Court ruled an interesting judgment dated on 5th January 2016. The not enjoyed “snack break” should be paid with an additional compensation, although it must not be considered as extra hours. The social courtroom IV of the Supreme Court accepted an appeal of ADIF (railway infrastructure administrator) against the National Court judgment, which established…

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