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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

Resolution of July 4, 2022, of the DGOSS, which modifies the models of the Annex and other issues of the Resolution of August 3, 2021

Resolution of July 4, 2022, of the General Directorate of Social Security Regulation, which modifies the models of the Annex and other issues of the Resolution of August 3, 2021, which establishes the terms for the application to mutual collaborators with Social Security of the coefficients for the management of the economic benefit of temporary disability derived from common contingencies of employed workers of associated companies.

 

As a consequence of the establishment of new coefficients from September 1, 2021

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Jurisdicción
España
Fecha
19 de July de 2022
BOE-A-2022-11990
Law 15/2022, of July 12, comprehensive for equal treatment and non-discrimination

He article 14 of the 1978 Constitution proclaims the right to equality and non-discrimination, citing birth, race, sex, religion or opinion as especially objectionable reasons, and prohibiting discrimination based on any other personal or social circumstance. Furthermore, the second paragraph of article 9 establishes the obligation of public powers to promote the conditions and remove obstacles so that the equality of the individual and the groups in which they are integrated is real and effective. Thus, non-discrimination is constituted as

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Jurisdicción
España
Fecha
12 de July de 2022
BOE-A-2022-11589
Law 11/2022, of June 28, General Telecommunications

The approval of this law constitutes one of the measures included in the Recovery, Transformation and Resilience Plan of the Spanish economy (PRTR), approved by the European Commission on June 16, 2021, with the short-term objective of supporting the recovery of the Spanish economy after the health crisis, promoting a process of structural transformation in the medium term and achieving more sustainable and resilient development from an economic-financial point of view in the long term.

The main objective of the

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Jurisdicción
España
Fecha
28 de June de 2022
BOE-A-2022-10757
Teleworking and equality

In this ruling we are faced with a worker who requests that she be granted teleworking.

The worker develops contact center activity, this company has a national staff of about six thousand people.

The campaign to which the plaintiff was attached ended on August 31, 2021, with the majority of people participating in the telecommuting

It was denied to the worker the possibility of teleworking, without indication of the company of the circumstances that make it impossible, when approximately 95%

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Jurisdicción
Número de resolución
933/2021
España
Fecha
09 de February de 2022
STSJ_M_1853_2022
Royal Decree 453/2022, of June 14, which regulates the determination of the causal event and the effects of the retirement pension in its contributory form and the economic benefit of IMV, and modifies various S.Social regulations

On June 15, it was published in the Official State Gazette, this  Royal Decree 453/2022 of June 14, whose purpose is to regulate the determination of the event causing the retirement pension in its contributory form and the non-contributory minimum vital income benefit as well as its economic effects.

In the area of ​​recognition of the right to contributory economic benefits from Social Security  It is necessary to give a new regulation to the determination of the causal event

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Jurisdicción
España
Fecha
16 de June de 2022
BOE-A-2022-9850-Real Decreto 453/2022, de 14 de junio.
Self-employed contributions in 2022

Following the publication of Law 22/2021, of December 28, on the General State Budgets for the year 2022, we have prepared this summary with the news that affects self-employed workers.

Self-employed contributions in 2022.

They are included in article 106 of Law 22/2021, for self-employed or self-employed workers. In it we can find bases and types of contributions to Social Security, Unemployment, Protection for cessation of activity, Salary Guarantee Fund and Professional Training during the year 2022.

The maximum and

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Jurisdicción
España
Fecha
10 de October de 2021
The Supreme Court opens the door to increasing compensation for moral damages in a null dismissal

The Supreme Court has issued a ruling condemning a company to compensate one of its employees for non-material damage as a result of a null dismissal.

The worker held the position of sales manager at the defendant travel agency. In 2018, a disciplinary file was opened against him alleging a continued and voluntary decrease in his normal work performance. Shortly afterward, the company proceeded to the disciplinary dismissal of the worker, alleging the same reasons for which he was

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Jurisdicción
Número de resolución
2391/2019
España
Fecha
20 de April de 2022
Sentencia
Alternation training contract

As a result of the latest labor reform that was published in Royal Decree Law 32/2021, the contract for training and learning has been modified, with a new name contract for alternation training. This new type of contract came into force on March 30, after its inclusion in the aforementioned RDL was announced.

This type of contract is regulated in article 11.2 of the Workers' Statute, and its purpose is to make paid work activity compatible with the corresponding training

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Jurisdicción
España
The Supreme Court changes its criteria on unregistered de facto couples and widow's pension

In a ruling of April 7, 2021, the Supreme Court issued a ruling estimating a widow's pension for the partner of a civil guard even though they were not formally registered as such, arguing that the union could be accredited by other means, such as registration. Now the Supreme Court rectifies and returns to its previous doctrine.

In this new ruling, the criterion that had been followed until the aforementioned ruling is recovered, a criterion endorsed by the Supreme Court

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Jurisdicción
Número de resolución
3981/2020
España
Fecha
24 de March de 2022
Sentencia
Ruling on tacit dismissal of a domestic worker

The Supreme Court determines in the ruling of February 14, 2022, attached to this publication, that the lack of written communication of the end of a domestic worker's contract converts the leave into the  Social security in a tacit dismissal and not in a resignation of the worker. To give you background, this ruling deals with the employment relationship between a domestic employee and her employers.

The controversy between them begins the day both parties argue and the housekeeper leaves

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Jurisdicción
Número de resolución
145/2022
España
Fecha
14 de February de 2022
Sentencia

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