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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 Superior Court of Justice of Catalonia annuls the dismissal of a worker who was fired after informing the company for which he worked of his second paternity

The Social Chamber of the TSJ of Catalonia has issued a ruling that annuls the dismissal of a salesperson from a multinational after he informed the company about his second paternity.

The company carried out a series of objective dismissals, so the actor was informed of the termination of his contract for objective reasons, alleging the reorganization of the company. This measure affected eleven people between 03/26/2021 and 09/30/2021.

The reporting magistrates consider that there are indications that the worker

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Jurisdicción
Número de resolución
6291/2022
España
Fecha
06 de March de 2023
STSJ_CAT_1773_2023
Royal Decree 608/2023, of July 11, which develops the RED Mechanism for Flexibility and Stabilization of Employment.

The objective of the royal decree is to develop article 47 bis of the Workers' Statute, which deals with the RED Mechanism for Flexibility and Employment Stabilization. This mechanism allows companies to request measures such as reduction of working hours and suspension of employment contracts.

This instrument has been designed to preserve employment in situations of cyclical or sectoral crises. It is consolidated as a structural tool that replaces the temporary employment regulation files (ERTE), which demonstrated their effectiveness during

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Jurisdicción
España
BOE-A-2023-16158
The Supreme Court accepts as evidence the recording of a domestic worker trying to open the safe of the home where she worked.

This ruling from the Supreme Court with appeal number 701/2021 analyzes the case of the dismissal of a domestic worker who is suspected of having stolen €30,000 and various jewelry from the home where she worked.

The employers realized that the double bottom where the safe was located was open, verifying that €30,000 was missing. The employer's husband checked the house and found that several pieces of jewelry had also been stolen.

He filed a complaint with the police station

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Jurisdicción
Número de resolución
701/2021
España
Fecha
22 de July de 2022
STS_3160_2022
Legislative initiatives expired after the dissolution of the Cortes Generales

As a consequence of the dissolution of the Cortes Generales, 104 parliamentary initiatives and regulatory procedures that had been initiated in Parliament have expired.

This expiration also affects bills coming from Royal Decree-Laws that came into force upon being approved by the Government, which will not see their parliamentary processing reactivated with the opening of the amendment phase of these legislative initiatives, without prejudice to the fact that the provisions of the corresponding Royal Decree-Laws for each of them are

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Jurisdicción
España
Royal Decree-Law 5/2023, of June 28, by which certain measures are adopted and extended in response to the economic and social consequences of the War in Ukraine, to support the reconstruction of the island of La Palma and other situations...

This extensive regulation pursues various objectives, highlighting the transposition of European Union directives on structural modifications of commercial companies and in the field of reconciling family life and the professional life of parents or caregivers. It also adapts the legal regime for leasing services of passenger vehicles with drivers, among others.

The main novelties of this Royal Decree-Law 5/20223 of June 28, together with the rectification of errors published on July 1, 2023, which came into force on June 30

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Jurisdicción
España
Fecha
28 de June de 2023
RDL 5/2023, de 28 de junio, por el que se adoptan y prorrogan determinadas medidas de respuesta a las consecuencias económicas
The administration must take into account the circumstances of unemployment applicants if they do not have access to electronic means to request an appointment.

In this ruling from the Social Chamber of the Superior Court of Justice of Catalonia with appeal number 5720/2022, the case of a person who tries to access the unemployment benefit after leaving prison.

The applicant has a disability level of 80%, which has led her mother to be in charge of managing the subsidy application. After numerous telephone contact attempts to obtain a prior appointment, it was not possible.

Both demonstrate the lack of resources and knowledge to make

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Jurisdicción
Número de resolución
5720/2022
España
Fecha
09 de February de 2023
STSJ_CAT_1698_2023
The non-appearance of the company at the trial does not necessarily force the judicial body to classify as inadmissible the termination of the employment contract due to cessation of activity, dissolution and business liquidation.

Supreme Court ruling with appeal number 2154/2022.

The question raised by this appeal for the unification of doctrine is whether the failure of the company to appear at the trial necessarily leads to having to classify as inadmissible the termination of the employment contract due to cessation of activity, dissolution and business liquidation.

We are faced with a worker who provided services for a nursery school since August 2008 with the category of educator I.

It was affected by a

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Jurisdicción
Número de resolución
2154/2022
España
Fecha
18 de May de 2023
STS_2236_2023
Order ISM/450/2023, of May 4, which updates the flat-rate amounts of compensation for permanent and non-disabling injuries, mutilations and deformities

The amounts of compensation for injuries, mutilations and deformities of a permanent and non-disabling nature, caused by work accidents or occupational diseases, regulated in article 201 of the consolidated text of the General Law of Social Security, approved by Royal Legislative Decree 8/2015, of October 30, are set at the amounts determined in the annex. Order ESS/66/2013, of January 28, which updates the flat-rate amounts of compensation for permanent and non-disabling injuries, mutilations and deformities, is repealed. This order will

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Jurisdicción
España
Fecha
04 de May de 2023
BOE-A-2023-10874
A fall in a hotel shower when the worker is traveling for work is not always a work-related accident.

According to the Supreme Court ruling 278/2023 of April 18, 2023, a fall in a hotel shower during a work trip can be considered a work accident.

This ruling revokes the decisions taken in the first and second instance that considered the opposite.

The case in question occurs when a Prematecnia SA worker traveled to Tarragona in June 2018 for work reasons to attend a training seminar. While showering at the hotel to attend the presentation, he slipped and fell

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Jurisdicción
Número de resolución
3119/2020
España
Fecha
18 de April de 2023
STS_1650_2023
The compensated termination of the employment relationship provided for in article 50 ET is not possible if the worker goes to another company to work voluntarily.

We review the ruling of the Supreme Court of March 22, 2023 (rcud 1493/2020), in which the appeal filed by a worker who requested the compensated termination of his contract for non-payment of wages is rejected under article 50 of the Workers' Statute.

The worker filed a lawsuit against the company for which he worked for non-payment of salaries corresponding to the months of January to May 2018. And requesting the compensated termination of his contract based on article 50

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Jurisdicción
Número de resolución
1493/2020
España
Fecha
22 de March de 2023
STS_1367_2023

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