Nullity of Dismissal “Because of Marriage” Applies to Women Only

Precedential Decision by Judiciary or Regulatory Agency

On November 12, 2018, the Supreme Court ruled on a dismissal for just cause, which occurred during the period between the day of the employee’s request for publications of marriage (which must be done before the marriage) and one year after the celebration. During this so-called protected period, it is forbidden to dismiss women. The worker argued that the law also applies to male employees to avoid discrimination between genders. However, the Court held that the law, which was included in the code to provide equal rights to female workers, applies only to women.

Dismissing Employee Who Applied for Vacation to Avoid Dismissal Due to Extended Leave, Unlawful

Precedential Decision by Judiciary or Regulatory Agency

In a case before the Supreme Court, an employee was dismissed after a protracted sick leave, after the employer declined the employee’s request to use vacation days to avoid the dismissal. The Court noted that, although the employer is not obliged to accept a holiday request, a refusal should be justified only when real and concrete organizational needs exist, in accordance with the general clauses of good faith and fairness. In this regard, the employer shall give evidence that the employee’s fundamental interest to avoid the loss of employment has been considered when refusing the request of holidays.

Sanction for Salaries Paid Without Traceable Instruments and Illegal Work

New Regulation or Official Guidance

The National Labour Inspectorate recently provided guidance on sanctions for payment of wages without traceable instruments (such as bank transfers), under the legislation on “illegal” work. The Inspectorate explained that the offense is committed only when the actual payment of remuneration in cash has been ascertained. However, given that in the case of “illegal” work the frequency of payment of remuneration may not follow the ordinary monthly payment, if daily payment of remuneration is ascertained, there could be as many offenses as the number of “illegal” work days carried out.