Labor law

¿Cuándo se pagan salarios de tramitación y cuál es su importe?

When are processing salaries paid and what is their amount?

When are processing salaries paid and what is their amount? Until now, and after the reform introduced by the Royal Decree Law 3/2012, of February 10, processing wages are only mandatory when the nullity of the dismissal is declared and the employer must reinstate the worker. In the unfair dismissal, as a general rule, it […]

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La teoría gradualista en el despido disciplinario

The gradualist theory in disciplinary dismissal

The gradualist theory in disciplinary dismissal When the worker’s conduct is not based on objectivity, but on an act or conduct susceptible to assessment by the company, the classification of the dismissal must be consistent with the gradualist doctrine conferred by our highest courts. To measure the degree of seriousness and culpability that a worker

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Empresa y ERTE por causa de fuerza mayor

Company and ERTE due to force majeure

Company and ERTE due to force majeure Given the undoubted health crisis we are facing, the Royal Decree-Law 8/2020 published on March 17, 2020 approved by the Council of Ministers refers to urgent and extraordinary measures to deal with Covid-19, in addition to the < a href="https://www.boe.es/buscar/act.php?id=BOE-A-2020-4152" target="_blank" rel="nofollow noopener noreferrer">Royal Decree 9/2020 of March

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Reclamación por despido nulo e indemnización adicional por violación de derechos fundamentales

Claim for invalid dismissal and additional compensation for violation of fundamental rights

Claim for invalid dismissal and additional compensation for violation of fundamental rights We inform you of a recent judgment of the Social Court No. 25 of Madrid, in a matter handled by the Department of Labor Law, for which we do not yet know if an appeal has been announced against the itself, which resolves

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Eliminación del contrato de obra y servicio en la reforma laboral

Elimination of the work and service contract in the labor reform

  Article written by Javier Sanchez Toledo, member of the Labor Law Department and published in the newspaper El Confidencial. Without the work and service contract, how do we continue? Once again, a great opportunity has been lost in attempting a real reform of the hiring and termination system. One of the modifications carried out

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