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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 Mutual Fund will reinstate the amount from a temporary disability if the worker receives permanent disability.

The question raised in the appeal for the unification of doctrine focuses on determining whether the Mutual Fund, which has paid the temporary disability subsidy (IT), derived from a common illness, has the right to reimburse what was paid for it in the period in which the effective date of the recognition of the worker's total permanent disability (IPT) occurred.

The Social Chamber of the Supreme Court issued a ruling on March 23, 2023 clarifying that the amount of the

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Jurisdicción
Número de resolución
1025/2020
España
Fecha
21 de March de 2023
STS_969_2023
Royal Decree 249/2023, of April 4, which modifies various tax regulations

Royal Decree 249/2023, of April 4, has been published, which modifies the General Regulations for the Development of the General Tax Law regarding administrative review, the General Collection Regulations, the General Regulations for the actions and procedures of tax management and inspection and the development of the common rules for tax application procedures, the Inheritance and Donation Tax Regulations, the VAT Regulations, the Personal Income Tax Regulations and the Regulations of the Corporate Tax.

The basic purpose of this Royal

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Jurisdicción
España
Fecha
04 de April de 2023
BOE-A-2023-8576
Agreement of March 15, 2023, of the Plenary Session of the Constitutional Court, which regulates the presentation of amparo appeals through its electronic headquarters.

This agreement makes it possible to expedite the processing and resolution of amparo appeals before the Constitutional Court.

The presentation of the claim is regulated through the electronic headquarters of the Court by filling out a form that allows the appellants to clearly and precisely state the violations of fundamental rights, the significance of the appeal and the manner in which the exhaustion of the prior judicial remedy has occurred.

It must be taken into account that the form does

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Jurisdicción
España
Fecha
15 de March de 2023
BOE-A-2023-7531
What is Whistleblowing? And how to implement the complaints channel in a company.

On February 16, the Congress of Deputies approved the reform of the law regulating the protection of people who report regulatory infractions and the fight against corruption, giving rise to Law 2/2023, of February 20, regulating the protection of people who report regulatory infractions and the fight against corruption.

Whistleblowing in Spanish means person who blows a whistle, this dates back to an ancient practice of British police officers who alerted citizens and other police officers of the possible commission

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Jurisdicción
España
Fecha
15 de March de 2023
BOE-A-2023-4513-texto consolidado
The Supreme Court confirms the ruling of the TSJ of Madrid in which the dismissal of a worker who suffers from agoraphobia is declared inadmissible

The present dispute originates between a journalist and the media for which he worked. The company proceeded to dismiss the worker alleging unjustified absences from his job. The worker did not notify the company of the reason for the absences.

The worker has suffered from agoraphobia and an unspecified personality disorder for years, supported by different reports from the Madrid Health Service.

Despite having been warned for this, he repeated this behavior and still did not go to work, so

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Jurisdicción
Número de resolución
4033/2021
España
ATS_16848_2022
Royal Decree 99/2023, of February 14, which sets the minimum interprofessional salary for 2023

In compliance with the mandate to the Government to annually set the interprofessional minimum wage, contained in article 27.1 of the consolidated text of the Law on the Statute of Workers, approved by Royal Legislative Decree 2/2015, of October 23, this royal decree proceeds to establish the amounts that must govern from January 1, 2023, both for workers who are permanent and for those who are temporary or temporary. temporary workers, as well as for domestic employees.

This royal decree

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Jurisdicción
España
Fecha
14 de February de 2023
BOE-A-2023-3982
Agreement for the effective and rapid investigation of crimes against the physical integrity of workers between the different administrations involved

Last Friday, January 27, the resolution of January 20, 2023 was published in the BOE, which includes the Agreement between the General Council of the Judiciary, the Public Prosecutor's Office, the Ministry of the Interior, the Ministry of Justice, and the Ministry of Labor and Social Economy, for the effective and rapid investigation of crimes against the life, health and physical integrity of workers and the execution of convictions, and for raising social awareness of this problem.

With the signing

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Jurisdicción
España
Fecha
20 de January de 2023
Convenio CGPJ ITSS Fiscalía investigación accidente 2023
The Superior Court of Justice of the Balearic Islands considers that a myocardial infarction suffered by a cook after consuming cocaine is not a work accident

The worker provided his services as a cook in a hotel company in Mallorca. In March 2018, he suffered an acute myocardial infarction due to vasospasm with out-of-hospital cardiorespiratory arrest and resuscitation.

When he was admitted to the hospital, they performed various tests, reflecting a positive result for cocaine.

As a result of the heart attack, an absolute permanent disability derived from a common illness was recognized. The worker, not satisfied with the contingency determination made, filed an appeal to

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Jurisdicción
Número de resolución
250/2022
España
Fecha
02 de November de 2022
STSJ_BAL_1281_2022
Royal Decree-Law 1/2023, of January 10, on urgent measures regarding incentives for job hiring and improvement of social protection for artists

On January 10, 2023, Royal Decree-Law 1/2023, of January 10, on urgent measures regarding incentives for job hiring and improving the social protection of artists, was published.

This royal decree-law is structured into an expository part and a operative part, made up of forty-two articles, distributed in three chapters, and which includes the new regulation regarding incentives for labor hiring. Likewise, seventeen additional provisions, four transitional provisions, a single repealing provision and thirteen final provisions are included. Its purpose is

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Jurisdicción
España
BOE-A-2023-625
On January 5, 2023, Royal Decree 1060/2022, of December 27, was published, which modifies Royal Decree 625/2014, of July 18, which regulates certain aspects of the management and control of IT processes.

The main modifications introduced are the following:

  • The copy of the medical reports intended for companies is eliminated and, therefore, the obligation that workers had until now to, within a period of 3 days, have to present the reports to their company (or mutual company, if the employment relationship has ceased) is also eliminated. From now on, the INSS will be the one to send this information to companies, without the need to use the worker as an intermediary. (Modification
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Jurisdicción
España
Fecha
27 de December de 2022
BOE-A-2014-7684-consolidado

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