How To Guides
- Childbirth & Education
- Legal Formalities
- Pensions & Benefits
- Property & Accommodation
Did you know...?
... Telefonica are NOT the only service provider of Telephone Lines, Internet Access or Mobile Phones?
Tumbit recommends Telitec Communications. Find out how Telitec Communications can help you here!
- Airports and Airlines Spain
- Paramount Theme Park Murcia Spain
- Corvera International Airport Murcia Spain
- Daily Brief - Monday 22 September 2014
- Corvera, Castellon & Ciudad Real : THIS is how you run a private airport!
- Meet Wincham at The Homes, Gardens & Lifestyle Show, Calpe
- QROPS 2014
- Spain Increases IHT in Valencia & Murcia
- Removals to Spain v Exports from Spain
- The Charm of Seville
- Gibraltar Relations
- Pensioners 'misled' by Co-op Bank
- UK Inflation no problem for Governor Carney
- Retiro Park : Madrid
- Wincham announce opening of Marbella office
- Community Insurance in Spain
- Calendar Girls
- Considerations when Insuring your Boat in Spain
Developments in Spanish Employment Law
Following recent developments to Business law in Spain, employers will need to be careful when dismissing employees whaken absence from work due to illness. In certain cases they may be ordered to re-instate the employee if any such dismissal is found to be unlawful.
Under Spanish law dismissals on discriminatory grounds are void, which means that the employer can be forced to re-instate an employee if his dismissal is found to be unlawful. However, as far as illness is concerned, the Spanish Supreme Court (the highest Spanish Court) has always held that such dismissals may be unfair, in which case an employer can be forced to pay compensation, but they will not be void, (as rightly or wrongly they are not discriminatory), so re-instatement cannot be enforced.
Some of the more junior Spanish Courts have recently indicated that they may be willing to change their stance on this position. One such court has recently ruled that the dismissal of an employee with cancer because of his poor attendance record was void. As such the employer was ordered to re-instate him rather than just paying compensation. The Court concluded that if an employee’s sickness constitutes a “social stigma”, this constitutes unlawful discrimination because Article 14 of the Spanish Constitution says it is discriminatory to treat somebody less favourably as a result of their “personal or social circumstances”. However, the court did not go as far as defining what was deemed to be a “social stigma”, but did say that a dismissal could be discriminatory in this context if the dismisall decision was based exclusively on the employee’s illness. In this example, the employee was unable to rely on the disability discrimination ruling, as cancer is not classified as being a disability under the terms of the Spanish Constitution.
Latest News & Stories
- Magaluf police implicated in suspected extortion ring
- Morocco and Spain agree on information exchange
- Catalonia call independence vote despite Scottish 'no
- Spain's bad loans ratio rises slightly to 13.2% in July
- Spain hosts international conference on Libya
- Spain to replace Dutch NATO forces in Turkey
- Spain now most expensive for TV football
- Spain public debt falls June - July
- Four Catalans drive 1,500 miles to support Scotland's "Yes"
- Spain mulls prosecution of ISIL fighters
- Claiming Unemployment Benefits in Spain
- Benefits in Spain and 'La Ley de Dependencia'
- Employee rights & working conditions in Spain
- Claiming Spanish Benefits in Spain