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Legal area

Selection of relevant sentences that may be of interest to use as contrast sentences,
mainly in matters of Social Security and labor law.

You will also find summaries of current and non-perishable regulations.

You can interact with these posts in the Assessor's Corner

Discussion Forum

The Supreme Court declares the “NOT SUITABLE” report insufficient in objective dismissals due to sudden ineptitude

The ruling unifies doctrine and recalls that the report of the prevention service does not by itself legitimize the termination of the contract.

The appeal for cassation for the unification of doctrine is resolved, against ruling no. 592/2024 issued on July 10, 2024 by the Social Chamber of the Superior Court of Justice of Madrid in appeal no. 236/2024, filed against the ruling of the Social Court no. 12 of Madrid, of October 30, 2023 (orders no. 834/2023).

The worker

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Jurisdicción
Número de resolución
nº4968/2024
España
Fecha
22 de December de 2025
STS_6045_2025.pdf
The TSJ of Madrid confirms the unfair dismissal of a worker who performed at a concert, presented and signed his album, on the day his medical leave began

The Chamber recalls that NOT all activities carried out during the situation of temporary disability can be classified as unfair conduct punishable by dismissal.

Appeal 239/2025 is resolved against the ruling of the Social Court No. 26 of Madrid (orders 45/2024).

The worker had been providing services for a company in the metal industry sector in Madrid since February 10, 2020, with a contract for a specific work or service and the professional category of administrative assistant.

The conflict originates

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Jurisdicción
Número de resolución
239/2025
España
Fecha
23 de October de 2025
STSJ_M_12605_2025.pdf
Worker fired for installing air conditioning while on leave at a friend's house

The TSJ of Andalusia confirms the admissibility of the dismissal by proving that the worker carried out activities incompatible with the low back pain that caused the temporary disability.

Mr. Ernesto provided services as a maintenance and cleaning manager in two cooperatives. His duties included repairs to facilities, assembly of irrigation pipes, electricity, drainage, roads and handling of heavy machinery, in accordance with the Collective Agreement of the Campo de Huelva.

On August 5, 2022, Mr. Ernesto was sick on

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Jurisdicción
Número de resolución
3492/2023
España
Fecha
27 de November de 2025
STSJ_AND_18252_2025.pdf
The Supreme Court confirms that the usual variable supplements must be included in the remuneration of vacation days

The Social Chamber clarifies that the right to adequate remuneration prevails over individual contractual agreements that exclude these supplements from vacation remuneration. It also recognizes the annual average of a salary supplement received for 6 months in a period of 11 months.

The ordinary appeal is resolved filed against the ruling handed down by the Social Chamber of the TSJ of Catalonia 46/2023, which had recognized the right of certain workers to include a salary supplement in their vacation pay

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Jurisdicción
Número de resolución
192/2024
España
Fecha
02 de December de 2025
STS_5615_2025.pdf
Validity of collective agreements in subrogation: article 41 of the Workers' Statute is not always applicable

Subrogated workers can adapt to the schedules of the incoming company in accordance with the collective agreement, without it being necessary to initiate the substantial modification procedure.

The ruling analyzes a collective conflict promoted by a union after a subrogation belonging to the sector of food stores open to the public between the outgoing company and the incoming company, the works councils, three personnel delegates and other unions. 

The conflict arose due to the decision of the incoming company to

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Jurisdicción
Número de resolución
174/2025
España
Fecha
13 de November de 2025
STS_5133_2025.pdf
Royal Decree 1065/2025: Training contracts

The object of this Royal Decree is the development of the training contract regime provided for in the aforementioned article 11 of the consolidated text of the Law on the Workers' Statute, approved by Royal Legislative Decree 2/2015, of October 23, in its two modalities:

a) Alternation training contract.

b) Contract to obtain professional practice.

Limits of training contracts:

Maximum limits of training contracts in force simultaneously in each work center of the company are set:

  • Up to 10 workers
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Jurisdicción
España
BOE_A_2025_24011.pdf
The TS confirms that paid leave for hospitalization and death must be computed in working days and non-natural days

The ruling establishes that permits only make sense if they are projected over a period of time in which there is an obligation to work, since otherwise it would make no sense for their main effect to be "absent from work."

Four unions partially challenge the article 30.1 (letters b and d) of the III State Agreement of the Contact Center Sector,(BOE on 06/09/2023), for violating art.37 of the Workers' Statute(ET) and the European Union Directive 2019/1158

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Jurisdicción
Número de resolución
128/2024
España
Fecha
13 de November de 2025
STS_5330_2025.pdf
Disciplinary dismissal in an IT situation due to depression with detective follow-up: unfair dismissal

The TSJ of Castilla y León validates the legality of the private investigation, but concludes that the activities observed, including moderate alcohol consumption, do not prove simulation or harm the worker's recovery, ruling out the existence of a disciplinary cause.

The appeal No. 1476/2025 filed against sentence No. 1566/2025 issued by the Social Court No. 3 of León on March 21, 2025, in cases 879/2024, is resolved.

The worker provided services such as supermarket manager and was in a situation

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Jurisdicción
Número de resolución
1476/2025
España
Fecha
23 de September de 2025
STSJ_CL_3759_2025.pdf
The TSJ of Madrid confirms the origin of a dismissal for broadcasting videos on TikTok from his workplace

The Court dismisses the appeal, supporting the proportionality of the sanction imposed for violating the good faith and image of the company.

Appeal No. 611/2025 is resolved against the ruling of the Social Court No. 15 of Madrid (Orders 1008/2023), with the intervention of the Public Prosecutor's Office, in the procedure followed for dismissal.

The worker She had been providing services since May 2018 as a manager in a telephone establishment located in a shopping center. Since April 2022, he

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Jurisdicción
Número de resolución
611/2025
España
STSJ_M_12656_2025.pdf
The Supreme Court reiterates that partial retirement is not an enforceable right

The Court confirms that The percentage of reduction in working hours must be agreed, and that the courts cannot impose it without express agreement between the company and the worker.

It is resolved cassation appeal for the unification of doctrine against the ruling of March 15, 2023 issued by the Social Chamber of the TSJ of Madrid (pleading appeal 1385/2022), formulated against ruling no. 35/2022 of the Social Court no. 44 of Madrid.

The worker is a security guard

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Jurisdicción
Número de resolución
1385/2022
España
Fecha
02 de October de 2025
STS_4442_2025.pdf

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