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The Grand Chamber of the European Court of Human Rights has ruled that the dismissal of employees based on evidence of workplace theft obtained through covert CCTV was justified and did not involve a breach of the employees’ right to privacy under Article 8 of the European Convention on Human Rights. (López Ribalda v Spain) … Read more
On 3 May 2017, the Spanish Supreme Court (the “Supreme Court”) issued a judgment in which it declared that employer’s contributions to (i) medical insurance policies; (ii) life insurance policies; and (iii) pension plans, should be treated in the same way as salary (as benefits in kind). Contributions must therefore be included in the annual salary … Read more
In a judgment dated 16 July 2014, the Spanish Constitutional Court rejected, by a large majority, an appeal lodged by the Parliament of Navarra in which it requested that three provisions of the 2012 Labour Market Reform be declared unconstitutional. As a result, the following measures have been declared to be constitutional: Read more
On 5 October 2012, two of the leading political parties lodged a constitutionality challenge to the Spanish Constitutional Court against the Labour Reform Act 3/2012 ("Act 3/2012"). The challenge was admitted on 5 November 2012, but no decision has yet been rendered. The Spanish Constitutional Court has, nevertheless, already rejected a constitutionality challenge, lodged on … Read more
Act 3/2012, of 6 July, of urgent measures to reform the employment market was published in the Official State Journal on 7 July, following the passing of Royal Decree-Law 3/2012 as an ordinary law by the Spanish parliament. The main differences compared to Royal Decree-Law 3/2012 affect the following areas: Paid leave for professional training … Read more
In its decision 75/2011, dated 1 May 2012, Labour Court 3 of Pamplona clarifies the method for calculating severance payments for unfair dismissal. The case refers to an employment contract that was entered into before 12 February 2012 (the date when the Labour Reform entered into force via Royal Decree-Law 3/2012) and that was terminated … Read more
On 16 April 2012, the Judge of Labour Court 30 of Madrid made a referral to the Constitutional Court to declare whether certain provisions of Royal Decree-Law 3/2012 of Urgent Measures to Reform the Employment Market, which came into force on 12 February 2012 (see our e-bulletin published on 20 February 2012), are unconstitutional. The referral … Read more
