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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

Reduction in working hours granted for caring for a first-degree relative

We are faced with a ruling from the Superior Court of Justice of Madrid, dated September 15, 2023 with appeal number 74/2023, in which the worker requests a reduction in working hours by one third with a specific working day of five hours and twenty minutes a day from Monday to Friday in fixed morning shifts from 8:30 a.m. to 1:50 p.m. to care for her mother-in-law, a 74-year-old woman who is unable to take care of herself and for

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Jurisdicción
Número de resolución
74/2023
España
Fecha
15 de September de 2023
STSJ_M_9703_2023
The Supreme Court confirms the nullity of a dismissal as it is discriminatory due to age

The worker had been working for the company as an engineer since January 2011, until his dismissal in September 2020, at which time he was 58 years old. Although the company initially notified his dismissal as an objective, the next day it recognized its inadmissibility and offered him the corresponding compensation.

Until 2019, the annual performance evaluations carried out by the company towards the worker had produced results with a B grade, which indicates, according to the internal barometer of

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Jurisdicción
Número de resolución
326/2022
España
Fecha
20 de October de 2022
STSJ_M_12909_2022
The TSJ of Castilla-La Mancha declares inadmissible the dismissal of a worker for carrying out physical work during his medical leave.

The Superior Court of Justice of Castilla-La Mancha has confirmed the inadmissibility of the dismissal of a worker who was on medical leave due to low back pain and who was caught helping his father-in-law in a job at his house.

The worker had been providing his services in the defendant company since 2004 in the professional category of laborer.

The defendant company hired a detective and verified that the worker was helping his father-in-law with tasks related to the

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Jurisdicción
Número de resolución
471/2023
España
Fecha
13 de July de 2023
STSJ_CLM_1811_2023
The TSJ of the Canary Islands confirms the dismissal of a worker in an IT situation, for carrying out tasks similar to those of her job in another company while she was on sick leave

The ruling of the Superior Court of Justice of the Canary Islands, with appeal number 1024/2022, establishes that, given the diagnosis of anxiety of the worker in question, carrying out activities similar to those of her usual job and in which she was on sick leave, has a negative impact on her recovery process. This is because this activity is related to sales to the public and lacks a relaxing, recreational or leisure-oriented nature, factors that could contribute to its

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Jurisdicción
Número de resolución
1024/2022
España
Fecha
06 de July de 2023
STSJ_ICAN_1969_2023
The TSJ of La Rioja refuses to declare permanent disability to a waitress with limited mobility in one hand because a decrease in her performance is not proven

The Social Chamber of the Superior Court of Justice of La Rioja has rejected the claim of a worker against the National Institute of Social Security and the General Treasury of Social Security. The worker requested a declaration of permanent disability for her usual profession, alleging that her injuries did not allow her to perform her job adequately due to the decrease in her work capacity.

The worker, whose profession is a waitress, had been diagnosed with synovitis and tenosynovitis

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Jurisdicción
Número de resolución
74/2023
España
Fecha
20 de July de 2023
STSJ_LR_248_2023
Ignoring an email on rest days is not grounds for dismissal

In a ruling of February 21, 2022, the Superior Court of Justice of Madrid has declared inadmissible the dismissal of a worker, alleged by the company for which he worked, due to his alleged failure to respond to an urgent email during his vacation and disobedience to an order. The court emphasized that the employee was not obliged to respond to correspondence during his vacation, as he was protected by his right to digital disconnection.

According to the facts, the

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Jurisdicción
Número de resolución
20/2022
España
Fecha
21 de February de 2022
STSJ_M_2517_2022
They estimate the appeal of a worker who had been recognized as having a total permanent disability to review the resolution within two years for a possible improvement

The Social Chamber of the TSJ of the Canary Islands has upheld the appeal presented by a worker from the Canarian Health Service, to whom the INSS had recognized a total permanent disability in January 2021. The worker requested that the decision be reviewed before the planned two years, since he considered that his state of health could improve.

The ruling explains that the worker received recognition of total permanent disability due to chronic venous insufficiency in the lower extremities

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Jurisdicción
Número de resolución
570/2022
España
Fecha
13 de July de 2023
STSJ_ICAN_1997_2023
The TSJ of Cantabria recognizes a supplement of Great Disability to a person who needs permanent surveillance to avoid self-harm attempts

The Superior Court of Cantabria in this ruling number 447/2023, of May 19, analyzes the situation of a worker diagnosed with mental disorder, anxiety and depression with occasional consumption of alcohol and cocaine. She has had several suicide attempts, having to be admitted to specific mental health hospital centers on several occasions.

The worker has been granted absolute permanent disability and requests the major disability supplement because she needs permanent supervision from a third person, to stay alive or avoid

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Jurisdicción
Número de resolución
375/2023
España
Fecha
15 de June de 2023
STSJ_CANT_637_2023
An accident ceases to be work-related if the worker incurs reckless imprudence

The high court determines that a negligent action of a reckless nature prevents the accident suffered by a worker from being determined as a work accident, as ruled in the ruling (rcud. 3749/2020) of the Supreme Court issued on July 4, 2023.

In this ruling, the determination of the contingency that applies in this accident is discussed between the worker's insurance company and the INSS. The Mutual Insurance Company maintains that it is a common contingency and the INSS maintains

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Jurisdicción
Número de resolución
3749/2020
España
Fecha
04 de July de 2023
STS_3015_2023
Burden of proof in salary claim

This Supreme Court ruling rcud. 3034/2023 deals with the determination of who has the responsibility to prove the payment of wages, in situations where the existence of the provision of labor services during the period in question is not in dispute.

The appealed ruling, issued by the Social Chamber of the Superior Court of Justice of Castilla-La Mancha on July 16, 2020, with appeal number 825/2019, dismissed the appeal presented by the worker. Said ruling confirmed the terms of the

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Jurisdicción
Número de resolución
3304/2020
España
Fecha
04 de July de 2023
STS_3034_2023

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