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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

Organic Law 14/2022, of December 22, on the transposition of European directives and other provisions for the adaptation of criminal legislation to the regulations of the European Union, and reform of crimes against moral integrity, public disorder

Last Friday, December 24, the BOE published Organic Law 14/2022, of December 22, transposing European directives and other provisions for the adaptation of criminal legislation to the regulations of the European Union, and reform of crimes against moral integrity, public disorder and dual-use weapons smuggling.

This organic law consists of two articles, three transitional provisions and six final provisions.

He first article modifies Organic Law 10/1995, of November 23, of the Penal Code, with several sections on different subjects, but

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Jurisdicción
España
BOE-A-2022-21800-consolidado
Security guard loses his license after being convicted of an intentional crime outside the place and hours of work

The Social Chamber of the Supreme Court rules in this ruling of November 2, 2022 (rec. 2513/2021) that the disciplinary dismissal of a security guard who committed an intentional crime when he was not performing the functions of his job is appropriate, but which led him to lose his qualification as a security guard.  

Through a Resolution of the Director General of the Police, it was agreed to extinguish the security guard's qualification, so it is understood that he

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Jurisdicción
Número de resolución
2513/2021
España
Fecha
02 de November de 2022
STS_4088_2022
The Constitutional Court considers that it is legal to present as evidence the recording that confirms the violation of a dismissed worker

This issue is being controversial, to say the least, since there has been a lot of debate between rulings from different courts as to whether using the recordings obtained by a security camera to prove the irregularities of the workers was legal or not.

We delve into this new sentence. On June 21, 2019, the company notified one of its workers of disciplinary dismissal due to the delivery of some products owned by the company to a third party who

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Jurisdicción
Número de resolución
7211/2021
España
Fecha
29 de September de 2022
BOE-A-2022-17975
Increase in the percentage of the orphan's benefit when assimilating to absolute orphanhood even though the father is still alive.

The question to be decided in this unifying cassation appeal is to determine whether it is appropriate to increase the percentage of the orphan's benefit to a beneficiary who is an orphan of a mother, whose father has been deprived of parental authority for not having been interested in or covering the needs of the daughter for approximately nine years, and who does not receive a widow's pension.

The plaintiff's guardian requested an increase in the orphan's pension due to

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Jurisdicción
Número de resolución
475/2019
España
Fecha
07 de September de 2022
STS_3490_2022
Is it possible to fire a worker for poor performance after a temporary disability?

We are faced with a dispute between an employee and the company where she worked. In it, the Superior Court of Justice of Madrid declares the null dismissal of the worker motivated by discrimination based on sex in which compensation for moral damages is requested.

The worker had been on sick leave due to temporary disability from November 2019 to July 2020. At the time the worker received the medical discharge, she notified her return to work in teleworking mode

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Jurisdicción
Número de resolución
560/2022
España
Fecha
28 de October de 2022
STSJ_M_8942_2022_DESPIDO NULO. DISCRIMINACIÓN POR RAZON DE SEXO
What happens when a car hits a cyclist in a pedestrian crossing?

We are faced with a ruling handed down by the Provincial Court of Barcelona that partially upholds the appeal filed against the ruling of the Court of First Instance No. 1 of Barcelona, ​​appeal number 140/2021.

The litigation began as a result of an accident; the vehicle involved was stopped waiting for a pedestrian to cross the corresponding crossing, when the vehicle initially collided with a bicycle that was crossing the crossing.

In this case, the driver of the bicycle

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Jurisdicción
Número de resolución
140/2021
Provincia
Barcelona
Fecha
05 de April de 2022
SAP_B_4233_2022_Bicicleta vs vehículo
The Supreme Court rules that the dismissal of a worker is inadmissible when the dismissal letter does not specify the circumstances that motivated the dismissal.

The Social Chamber of the Supreme Court has declared the finality of the ruling of the Social Court No. 1 of Palencia in which the dismissal of a worker who was given a dismissal letter that did not specify the dates and times in which the events that motivated the sanction were committed was declared inadmissible.

Article 55 of the Workers' Statute is what determines the form and effects of disciplinary dismissal. Point 1 states, “The dismissal must be notified

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Jurisdicción
Número de resolución
1454/2021
España
Fecha
19 de October de 2021
STSJ_CL_3726_2021
Is it possible to eliminate restaurant vouchers as a result of the implementation of teleworking?

Is it possible to eliminate restaurant vouchers as a result of the implementation of teleworking?

We offer you a small commentary on ruling 44/2021 of the National Court. In it, the court rules that the company cannot unilaterally modify the application agreement to eliminate the right to receive restaurant checks and rest time and are protected by article 41 of the Workers' Statute (substantial modifications to working conditions).

The object of this litigation is the modification of conditions that affect

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Jurisdicción
Número de resolución
164/2020
España
Fecha
18 de March de 2021
SAN_746_2021
The periods of education of children completed in other Member States must be taken into account for the calculation of the old-age pension

The Court of Justice confirms its jurisprudence according to which the Member State to which the pension is payable and in which the beneficiary worked and contributed exclusively, both before and after the transfer of her residence to another Member State in which she dedicated herself to the education of her children, must take into account these periods of education of the children.

By its ruling, the Court of Justice rules out that this provision has an exclusive character with

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Jurisdicción
Número de resolución
C-576/20
España
Fecha
07 de July de 2022
Comunicado de prensa 119-22 TJUE
Employment contract offer vs Pre-contract, what happens if the pre-contract is not formalized without a justifiable cause.

The Superior Court of Justice of Galicia in its ruling of May 20, 2022 clarifies the difference between a job offer and a pre-employment contract.

When is there a precontract?

When both parties acquire the will to formalize an employment relationship in the near future.

The pre-contract must reflect the working conditions, working hours, salary, type of contract, the collective agreement that will apply to the employment relationship, the work center where the service will be provided and the date

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Jurisdicción
Número de resolución
4659/2021
España
Fecha
20 de May de 2022
STSJ_GAL_3909_2022

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