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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 denies dismissal compensation to a pregnant employee because it does not find discriminatory grounds

In this ruling of December 12, 2023, the Social Chamber of the Supreme Court resolves the appeal for unification of doctrine filed by a worker who is fired while pregnant.

The company dismissed the worker alleging "continued and voluntary decrease in normal performance in her job." At the time she was notified of the dismissal, she was not aware that the worker was pregnant. The company proceeded to lay off five more workers.

The lower court ruling of the Social

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Jurisdicción
Número de resolución
5556/2022
España
Fecha
12 de December de 2023
STS_5502_2023
Main measures of Royal Decree Law 8/2023, of December 27, which adopts measures to address the economic and social consequences derived from the conflicts in Ukraine and the Middle East...

Revaluation of pensions and benefits in 2024

  • Since January 1, there has been a general increase of 3.8% in pensions from the Social Security system and the State's passive classes. This measure implies an annual increase of 734 euros in the average retirement pension, which is 1,380 euros per month, equivalent to 52 euros per month.
  • 6.9% increase in minimum, non-contributory pensions and Minimum Living Income.
  • Equalization of the minimum widow's pension with family responsibilities to that of the minimum
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Jurisdicción
España
Fecha
27 de December de 2023
RDL 8-2023
Royal Decree-Law 7/2023, of December 19, relating to the reconciliation of family life and professional life of parents and caregivers.

Royal Decree-Law 7/2023, of December 19, adopting urgent measures to complete the transposition of Directive (EU) 2019/1158, of the European Parliament and of the Council, of June 20, 2019, on the reconciliation of family and professional life of parents and caregivers, and repealing Council Directive 2010/18/EU, and for the simplification and improvement of the level of unemployment protection assistance. 

The following aspects are notable from this standard:

  • Article first. One-HE modifies article 37.4 of the Workers' Statute, so
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Jurisdicción
España
Fecha
19 de December de 2023
BOE-A-2023-25759
Permission for personal matters when the employment relationship is suspended due to an ERTE

We are faced with a ruling from the Social Chamber of the Supreme Court, in which the litigious debate revolves around determining whether the workers to whom the IV state sectoral collective agreement for auxiliary external services and customer service in railway service companies applies and whose contracts were suspended under article 47 of the Workers' Statute, therefore entering into an ERTE situation, have the right to fully enjoy the six days of their own matters provided for in that

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Jurisdicción
Número de resolución
312/2021
España
Fecha
14 de November de 2023
STS_5283_2023
The Supreme Court excludes ERTE Covid periods in the calculation of unemployment benefits

The Social Chamber of the Supreme Court focuses on the interpretation and application of the special regulations related to unemployment caused by the suspension of the employment contract in an ERTE Covid due to force majeure.

Firstly, the ruling highlights that the period of receiving unemployment benefits during a Covid ERTE should not be counted for the purposes of receiving a new unemployment benefit. The special Covid regulations, established in Royal Decree-Law 8/2020, of March 17, on extraordinary urgent measures

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Jurisdicción
Número de resolución
5326/2022
España
Fecha
16 de November de 2023
STS_5049_2023
The TSJ of Murcia confirms the disciplinary dismissal of a worker for sexual harassment of a colleague

The Social Chamber of the Superior Court of Justice of Murcia has rejected the appeal against the disciplinary dismissal of an employee for sexual harassment, confirming the previous ruling of the Social Court number 8 of Murcia that determined the admissibility of the dismissal and the termination of the contract without the right to compensation.

In November 2022, the Social Court determined that the dismissal was appropriate due to "a touch on the inner thigh of a company worker, and

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Jurisdicción
Número de resolución
112/2023
España
Fecha
13 de October de 2023
STSJ_MU_2057_2023
The Superior Court of Justice of the Basque Country has declared void the collective dismissal of 61 workers dedicated to parcel delivery

The Social Chamber of the Superior Court of Justice of the Basque Country has declared void the collective dismissal of the 61 employees of a company based in Oiartzun (Gipuzkoa) dedicated to the delivery of packages for Amazon Road Transport Spain. In addition, it has ordered the reinstatement of said employees by the latter entity.

The resolution is based on the assessment of the lawsuit filed by the ELA union against Smart Delivery Routes S.L., Amazon Road Transport Spain S.L.U

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Jurisdicción
Número de resolución
1413/2023
España
Fecha
21 de November de 2023
TSJPV Social 21 nov 2023
The email sent to the company by the worker's lawyer interrupts the prescription regarding remuneration

We analyze the Supreme Court Ruling number 747/2023, issued on October 17, 2023, which addresses the question of whether the sending of emails by a worker's lawyer, accompanied by telephone conversations, is sufficient to interrupt the prescription of salary arrears claimed from the company.

The Fourth Chamber of the Supreme Court establishes that the email sent by the lawyer is valid to interrupt the prescription in matters of remuneration, even if the cause and amount of the claim is not

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Jurisdicción
Número de resolución
182/2021
España
Fecha
17 de October de 2023
STS_4178_2023
The Superior Court of Justice of Castilla-La Mancha ratifies the dismissal of a truck driver for posting videos on TikTok while driving

In a recent resolution, the Superior Court of Justice of Castilla-La Mancha has ratified the dismissal of a truck driver who, throughout 2021, published various videos on the TikTok platform while doing his job. The company, which was later sued for the dismissal, alleged that some of these videos were recorded while the employee was driving negligently on different roads in Spain.

These videos, shared on the worker's profile on TikTok, were used as the main argument by the company

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Jurisdicción
Número de resolución
585/2023
España
Fecha
17 de October de 2023
STSJ_CLM_2304_2023
The Supreme Court declares the dismissal of a worker who misappropriated products from the supermarket where she worked admissible

In this ruling of the Supreme Court, dated October 17, 2023 and appeal number 5073/2022, it seeks to determine whether the dismissal of a supermarket worker, accused of misappropriating unpaid products worth less than six euros, should be considered appropriate, in accordance with the provisions of the disciplinary regime of the applicable collective agreement, or inappropriate due to the insignificant value of the stolen products. The worker had been fired for violation of contractual good faith and failure to comply

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Jurisdicción
Número de resolución
5073/2022
España
Fecha
17 de October de 2023
STS_4175_2023

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