Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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Terminations While on Sick Leave

New Legislation Enacted

Author: Sonia Cortés, Partner – Abdón Pedrajas | Littler

The Spanish Parliament passed Act 15/2022, of July12, on equal treatment and nondiscrimination to guarantee and promote the right to equal treatment and nondiscrimination according to the Spanish Constitution. The law regulates the rights and obligations of citizens and sets forth principles and measures to prevent, remove and reverse all forms of direct or indirect discrimination, in public and private sectors, including companies. Although this provision came into force recently, one of the key aspects is that “illness” is mentioned as a cause of discrimination. Until this provision was enacted, termination of employees on sick leave could be null and void if the employee could successfully argue that their illness or injuries could be deemed equitable to disability. The employee had the burden of proof of such discrimination (CJEU's Daoudi doctrine). Now, considering this new provision, the termination of a contract in such circumstances may be considered as directly discriminatory and, consequently, the burden of proof has shifted to the employer.

Key Aspects to be Considered Concerning Teleworking Agreements

Precedential Decision by Judiciary or Regulatory Agency

Author: Sonia Cortés, Partner – Abdón Pedrajas | Littler

Teleworking, also known as “Home Office” or “Remote Work,” has stepped up in recent months due to the COVID-19 pandemic. Indeed, teleworking has become a “new working model” and no country has been exempted. Teleworking consists of carrying out the services through the use, exclusively or primarily, of information, electronic and telecommunication systems and means. According to that, the key aspects to be considered in Spain are the obligation to provide such means, equipment, and tools to perform the services remotely by the employer; compensation for expenses derived from teleworking and the obligation of including and specifying such expenses on the teleworking agreement. In the event of the employer infringing these aspects, the employee may be entitled to claim the resources to telework, the compensation of expenses and even the termination of the employment agreement due to an employer’s infringement.

Sanction to Employers for Not Respecting Union Freedom

Precedential Decision by Judiciary or Regulatory Agency

Author: Sonia Cortés, Partner – Abdón Pedrajas | Littler

Union freedom is a principle and fundamental right in the Spanish Constitution, including the right to be eligible for representing employees in a work-council. In this sense, anti-union behaviors of employers are considered as very serious infringements. Concerning this principle, a Court of Justice in Spain ruled in a judgement that the employer had retaliated two employee representatives, thus infringing unionization rights. These employees appealed the termination of their contracts by arguing the employer had seriously infringed their unionization rights. The High Court confirmed the decision and entitled them to severance of 33 days per year worked. However, the most significant aspect is that, additionally to this severance, the High Court judgment condemned the employer to pay a significant compensation for damages of €45,000 to each of them, resulting in €90,000.