The Department of Private Law of the University of Barcelona and the labor, compensation and benefits area of Pérez-Llorca organized at its Barcelona headquarters a session in which the need to grant a hearing in the termination of employment contracts whose cause lies in the behavior or performance of the worker was analyzed. Likewise, during the seminar the speakers assessed the impact of Artificial Intelligence (AI) in the framework of labor relations and, specifically, in the justification of the termination of the contract.
The seminar was attended by Joan Agustí Maragall, Magistrate of the Social Chamber of the High Court of Justice of the Balearic Islands; Pilar Rivas Vallejo, professor of labour law and social security at the University of Barcelona; and Manel Hernàndez, partner of labour, compensation and benefits at Pérez-Llorca.
Disciplinary dismissal
The first point of the colloquium was the requirement of prior hearing of the worker in cases of disciplinary dismissal, one of the potential measures that could emanate from the investiture agreement between PSOE and Sumar (although it is not expressly formulated). Agustí pointed out that, although the full application of this requirement to all workers is not included in Spanish labor legislation, such requirement is contained in Article 7 of Convention No. 158 of the International Labor Organization, to which Spain is a party. Agustí, who in a pioneering decision for which he was rapporteur (Judgment dated...
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