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Spain: Collective dismissals based on objective grounds
Evidence of the cause for dismissal, compliance with information or documentation obligations The High Labour Court of Madrid rendered two decisions, on …
EU gender directive passes subsidiarity test
As previously reported, on 14 November 2012 the European Commission adopted a proposal for a gender Directive which plans to introduce a 40% …
Key changes to Spanish employment legislation in 2013
The following changes have been introduced in Spain: the existing public pensions system has been modified penalties for non-complance with laws on …
Pay in lieu of holiday: EU law allows calculation using pay rate applicable when accrued
Employers may be able to pay in lieu of accrued but unused annual leave on termination only at the rate of pay applicable during the period the leave was …
The employment and social security implications of the strike in Spain
The largest of Spain's trade unions, including CCOO and UGT, called a general strike on 14 November 2012. This is the second general strike to take …
EU publishes draft directive on board gender diversity
The European Commission has published a draft Directive which aims to improve gender diversity on boards of EU listed companies. The draft sets …
Europe: Fixed-term employees: claims based on former fixed-term status permitted
Employers should not disadvantage an employee due to their former fixed term status. The ECJ has ruled that EU law permits employees to bring …
Europe: Collective redundancy consultation: ECJ fails to rule on trigger due to lack of jurisdiction
Uncertainty remains over the trigger point for collective redundancy consultation where a strategic business decision foreseeably or inevitably leads to …
Spain: collective bargaining agreements
A decision of the Spanish national appeals court (Audiencia Nacional) dated 10 September 2012 consolidates the new structure of collective bargaining …
EU Directive regarding women on boards postponed
Viviane Reding, EU Commissioner for Justice, Fundamental Rights and Citizenship, has announced today that the European Commission's vote on her …
Spain: Constitutional challenge against labour reform
On 5 October 2012, two of the leading political parties lodged a constitutionality challenge to the Spanish Constitutional Court against the Labour …
Spain: Sick leave during holidays
The Spanish Supreme Court has declared (in its decision dated 3 October 2012) that an employee on sick leave – when this occurs during his/her holidays …
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