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Legal news

Key Labour Law Insights: Leave, Dismissals and Employer Control

Courts require companies to compensate employees for denying eight-week parental leave

The Spanish Supreme Court has ruled that unjustified absences must be calculated “from date to date” rather than by calendar month when a collective agreement refers to a one-month period. The Court considers that using calendar months could lead to artificial loopholes to avoid disciplinary sanctions. With this ruling, the Court upheld the validity of a disciplinary dismissal for repeated absences. The decision strengthens companies’ ability to act against unjustified absenteeism.

Extreme weather conditions may entitle employees to paid leave

Labour regulations recognise the right to paid leave when extreme weather conditions make it unsafe to travel to the workplace. Situations such as heavy rainfall, snowstorms or official weather alerts may justify absence without loss of salary. The key factor is the existence of a real and demonstrable risk, as well as guidance issued by public authorities. This approach reinforces the protection of workers’ health and safety.

The Supreme Court clarifies how absences must be calculated for disciplinary dismissal

The Spanish Supreme Court has unified legal doctrine and ruled that absences must be calculated “from date to date” rather than by calendar month when a collective agreement sets a one-month period. The Court considers that using calendar months could artificially allow employees to avoid sanctions. Based on this criterion, the Court upheld the validity of a disciplinary dismissal for unjustified absenteeism. The ruling strengthens employers’ disciplinary powers against repeated absences.

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