Attracting and retaining young talent is one of the main objectives for companies. Incorporating the best profiles that have just joined the labor market into the workforce allows organizations to be more competitive, innovative, and diverse. The implementation of policies aimed at achieving these objectives requires knowledge of the possibilities offered by employment law. There is no doubt that, although young talent lacks the added value of experience, it possesses skills that companies cannot afford to miss. Disruptive thinking, proactivity, enthusiasm and being digital natives make younge ..read more

Technological developments have promoted the emergence of solutions based on artificial intelligence (AI), with an infinity of possible applications in many different areas, including labor relations. The use of AI in this area raises several questions from a legal and human resources perspective, from the specific issues in which these tools may be useful to the limits and requirements that their use must meet not to collide with employees’ rights. AI has undergone a meteoric evolution in recent years. In the labor field, some tools have emerged, which are based on algorithmic systems and aim ..read more

Co-responsibility is the equal sharing of household chores and family responsibilities between men and women. The latest legislative reforms on equality in the workplace (and the interpretation of judicial bodies) are inspired by this concept, seeking to ensure that men and women enjoy equally measures related to family care. The aim: ensuring that women’s professional careers are not more affected than men’s by absences due to such care. There are many regulations that have been enacted in recent years to achieve effective equality between men and women in the workplace: from the pioneering O ..read more

The answer to this question depends on the regulation of the collective bargaining agreement and the company’s practice on scheduling weekly rests. The setting of the right to rest of employees creates regular disputes and there are multiple judicial decisions that interpret differently the regulations of this right. The labor courts start from the different legal nature of weekly days off and public holidays to perform their analyses. Days off or weekly rest: these are days of work downtime, which ensure a better protection of the safety and health of employees, allowing them to recover from ..read more

Self-employed business owners are entitled to compute the income resulting from participation in equity capital for the calculation of annual income, which, in practice, it implies an increase in the self-employed business owner’s contribution, under the new contribution system applicable to them in force since 2023. On January 1, 2023, the reform introduced by Royal Decree-Law 13/2022, of July 26, 2022, came into force, which establishes a new contribution system for self-employed business owners whereby protection for cessation of activity is improved. Substantially, after this reform, self ..read more

A judgment by the National High Court opened up the possibility of applying a temporary layoff file as a company is compromised by a hack and cannot go on with its activity as usual. On March 9, 2021, a routine morning at Spain’s State Public Employment Service (SEPE) turned into a day of chaos and confusion. A sophisticated ransomware attack Ryuk paralyzed its computer systems, blocking access to its website and halting the administration of unemployment benefits nationwide. The impact was immediate: thousands of delayed appointments and beneficiaries facing uncertainty about their benefits ..read more

A judgment handed down by the Labor Chamber of the Supreme Court has declared that the status of workers’ representative cannot be exercised from the time of the disciplinary dismissal until the court ruling is handed down. This does not violate the provisions of article 67.3 of the Workers’ Statute regarding the duration of the mandate of the workers’ legal representatives. A Supreme Court ruling addresses a case in which all the plaintiffs, members of the workers’ committee, had been dismissed on disciplinary grounds. The workers’ representatives had brought the corresponding claim for dismi ..read more

The recently approved regulation eliminates the need of a collective bargaining or individual agreement with the company when approving the accumulation of breastfeeding leave but does not change anything in terms of the duration of this leave. In the era of clickbait – in Spanish, according to the RAE, cyberhook, cyberbait or clickcatcher – the new leave for breastfeeding and, especially, its duration is grabbing the headlines of the Spanish press. We analyze it in this post. The entry into force of Royal Decree-law 7/2023 incorporates a multitude of legislative novelties (as we advance here ..read more

The majority opinion of the labor courts determines that the employer’s breach to comply with the obligation to record working hours presume the performance of overtime if evidence is provided by the employee. Traditional case law on overtime required the employee to prove the performance of all the overtime claimed, demanding strict and detailed proof in this regard, even requiring the employee to prove each of the overtime hours worked day by day and hour by hour. This judicial position changed with the publication of Royal Decree-Law 8/2019. Through this regulation, article 34 of the Worker ..read more

The Labor Chamber of the High Court of Justice of Catalonia has determined that subduing  an employee to very long working days and untimely working time, thus compromising his right to rest and digital disconnection, entitles the employee to the right to extinguish the contractual relationship, but not to be awarded any compensation associated with the breaching of fundamental rights. Judgment number 2843/2023, of May 5, 2023,  of the High Court of Justice of Catalonia has dismissed the appeal filed by an employee, who claimed an additional compensation for not respecting his right ..read more