In the analysed judgement, a community milestone in the application of the right to effective equality between women and men, the CJEU recognises the worker, whose holiday period, arranged in advance, coincided with her maternity leave, the right to her enjoyment in a subsequent period, taking into consideration the different purpose between the two situations and a material interpretation of the principle of equality and non-discrimination. The repercussion of this community pronouncement, in the jurisprudential and legislative fields, has been very relevant, with the doctrine on holidays being found in a permanent process of reconstruction.

One of the most significant legislative reforms in labour the last five years in Spain has been the creation of a new type of a permanent contract that supports the entrepreneurs (art. 4.3 of Law 3/2012), whose main feature is the attachment of a trial period, with an unchangeable and a short duration of one year, with no relation whatsoever of the professional category or task performed by the recipients of the regulation. With the growing doctrinal controversy and distinctive judicial pronouncements against a figure that, seemingly, diverges from that very purpose of the trial period, an urgent ruling was made necessary by the Constitutional Court, which has occurred through three important judgments, that validates the reform and aims for the verification of the economic viability of the job as a “new” foundation of the trial period in this contract. We dedicate our commentary to ...

It is the Collective Agreement’s mission to adapt the legal system to the ever-changing socio-labour reality, something which is not undertaken in a timely manner. The challenge of updating the conventional instrument as a normative source is a complicated one, especially if barely sketched legal constructions that require rapid regulation burst into the complex negotiating equilibrium without warning. In the last year, it is quite clear that working from home has been one of those changes, unexpected in its rapidity, it has become the star of the global labour law debate. Studies, commentaries, news and analyses have dealt with it from all points of view, both in specialised areas and in the general media. Logically, the various regulatory authorities and the social partners have also paid close attention to it, and the latter have been assigned a very important role in the implementa...