The Spanish edition of the Best Lawyers legal ranking just released its ranking of outstanding lawyers for 2019. Among other fantastic employment lawyers, our colleague Almudena Álvarez has been ranked in the Labor and Employment Law category.
Hostess girls have an employment relationship because there is dependency from employer for (i) having a fixed working time and schedule, and (ii) receiving a percentage of the drinks they sell to clients directly from the Company instead from the client himself. It is not prostitution because even if they are lightly dressed and flirt with clients, it does not mean they are willing to have sex. Appellate Court of Galicia 28/03/18
The paid leave for hospitalization of family members requires the latter to stay overnight in the hospital because according to a final interpretation of the provision, the Spanish Royal Academy of Language and the Royal Decree 1030/2006, the meaning of hospitalization requires an overnight stay. National Court 26/7/2018
There is no violation of the employee’s right to privacy when installing a GPS in his company car because i) he knew the general existence of GPSs in the workers' cars with the purpose of using them to supervise them, ii) he was in charge of supervising the workers through said devices, iii) the GPS was authorized by the Data Protection Agency and iv) it was installed due to customer's requirement. The fact that he did not know he could also be supervised is irrelevant. Appellate Court of Andalusia 19/7/17
A night at the Egyptian museum, Italian winetasting and truffle fair, talking about 3rd gender equality and discrimination in the workplace, networking…and yes! We attended another amazing AIJA Labour Law Annual Conference, this time in beautiful Torino.
Spain grants a widow’s pension to be equally distributed among all spouses of a Moroccan deceased. The fact that it was a polygamous marriage is not against public order because Spain signed a bilateral agreement with Morocco acknowledging pensions that could be accrued under Moroccan legislation. Spanish Supreme Court 01/24/2018
Widow married by the Gipsy ritual has no right to a widow’s pension because the marriage was not registered within the Official Partners Registry. In all official documents the couple appeared as single and the children as extramarital. There is no race discrimination because the law for the registration of partners is neutral on its face. Spanish Supreme Court 01/25/18
The recent case from the European Court of Human Rights about video surveillance does not have an impact on the Spanish jurisprudence, as in this case there was a violation of the employees’ right to privacy because the installation of the cameras did not comply with the legal principle of proportionality because (i) the cameras were installed without having previous suspicions about a particular employee and (ii) the cameras were recording without a time limitation. Judgment of ECtHR, January 9, 2018
Soldier is exempted from doing extraordinary shifts while having a reduced working time for the care of his child under 4 years old because the Army failed to produce any evidence of organizational grounds to deny such exemption. TSJCont. Murcia 21/10/2017
Giving free legal advice at TEDxCibeles in a non-conventional office space. More than 1.000 attendees and 12 inspiring speakers. Thank you to all cosponsors and a big THANK YOU to the organizers and volunteers for making this happen.
However, dismissing an employee based on the sole reason that a client did not want to work with her because she was wearing a headscarf IS discriminatory. Why? Because there is no genuine and determining occupational requirement (e.g. company’s policy prohibiting religious symbols when dealing with customers); it is merely a subjective consideration from one customer. ECJ 3/14/17 (eu.greekreporter.com)
Wearing an Islamic headscarf can be banned during working time as part of company’s policy prohibiting religious and political symbols provided that (i) there is a legitimate aim (image of neutrality towards customers) and (ii) the means of achieving that aim are appropriate and necessary, which is for the national court to decide. EJC 3/14/17