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 place in Spain in 2012 and coincides with a series of demonstrations across Europe.  Support for the strike has varied from region to region and across business sectors.  Our … Read more

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 a 40% "minimum objective" for the proportion of female non-executive directors. The proposal also requires companies to publish targets for female representation among their executive directors but without setting a minimum objective.  The revised proposals have been welcomed … Read more

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 claims for detrimental treatment occurring after they have ceased to be fixed–term, where the reason is their former fixed-term status.  A claim was possible under the Fixed-Term Work Directive where time … Read more

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 redundancies.  It had been hoped that the ECJ would provide some much needed clarity on this issue following the Advocate-General’s opinion in USA v Nolan.  Unfortunately the ECJ concluded that, as civilian staff at a … Read more

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 approved by the Spanish Labour Reform Act. The decision confirms the primacy of the plant-level CBA over the sector-wide CBA in respect of regulations governing salaries and other basic labour conditions, as provided by … Read more

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 proposal to introduce a mandatory quota for women on the boards of listed companies in member states has been postponed. However, we understand that this issue will be back on the Commission's agenda on 14 … Read more

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 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