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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

Does the reduction of working hours for caring for a child under 12 years of age affect the shift bonus?

The ruling of the Supreme Court clarifies that the supplements linked to the hardship of shift work are paid in full, also applying gender equality criteria.

The ruling analyzes which supplements are affected by a reduction in working hours for legal guardianship.

It is resolved appeal for unification of doctrine filed by the company against ruling 1027/2023, of the TSJ of Madrid, issued on November 22, 2023, formulated against the ruling of JS no. 17 of Madrid (orders 322/2024).

Marisol

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Jurisdicción
Número de resolución
1019/2024
España
Fecha
02 de July de 2025
STS_3343_2025.pdf
Not every transfer is a substantial modification: The TSJ of Galicia clarifies the limits of business power

The Court rules out retaliation or discrimination and remembers that corporate ius variandi protects changes in workplace when they do not alter essential elements of the employment relationship. 

The appeal 614/2025 against the ruling of the Social Court No. 5 of La Coruña, procedure 722/2024 for substantial modification of working conditions, is resolved. 

The worker is security guard who worked in the "acudas" service.  The company you transfer to another work center(the old prison of A Coruña), where

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Jurisdicción
Número de resolución
614/2025
España
Fecha
19 de May de 2025
STSJ_GAL_3933_2025.pdf
Vacations and digital disconnection: Can the voluntary availability of the worker exempt the company from responsibilities?

The TSJ of Aragón rejects the compensated termination of the contract because there was no serious breach attributable to the employer in accordance with article 50 of the Workers' Statute. The violation of the right to digital disconnection lacks sufficient significance as it occurred with the tacit consent of the worker.

The appeal number 254/2025, presented by the plaintiff against the ruling issued by the Social Court of Huesca on December 19, 2024 with the intervention of the Public Prosecutor's

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Jurisdicción
Número de resolución
254/2025
España
Fecha
12 de May de 2025
STSJ_AR_788_2025.pdf
Is a sanction without a specific effective date valid? Can a company freely decide when a disciplinary sanction begins?

The Supreme Court has confirmed the nullity of a 60-day suspension of employment and salary for violating the formal requirements of article 58.2 ET, by not setting an objective date for its compliance.

This ruling resolves the appeal for the unification of doctrinefiled against the ruling of March 20, 2023, issued by the Social Chamber of the Superior Court of Justice of Catalonia, in the appeal no. workers.

The case concerns a clinic worker who, on November 30, 2020

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Jurisdicción
Número de resolución
3357/2023
España
Fecha
11 de June de 2025
STS_2827_2025.pdf
Is the use of detectives valid as evidence in the disciplinary dismissal of a personnel representative? Does it imply a violation of the worker's right to freedom of association?

The company alleges that the investigation and monitoring of the plaintiff by detectives was commissioned due to well-founded suspicions of improper use of union credit.

The appeal for the unification of doctrine filed by the defendant company against ruling No. 125/2024, issued on January 16 by the Social Chamber of the TSJ of the Basque Country (rec. supplication 2195/2023), is resolved. This ruling confirmed that of JS No. 3 of Vitoria-Gasteiz dated September 15 (orders 240/2023), which resolved the lawsuit

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Jurisdicción
Número de resolución
2121/2024
España
Fecha
07 de May de 2025
STS_1994_2025.pdf
The TSJ of Galicia endorses the dismissal due to sudden ineptitude of a home assistant with cardiac pathology: How far does the duty to adapt the position go?

The right to reasonable adjustments is not absolute: the Court draws the line between disability protection and business viability. The worker's physical limitations made it impossible for her to remain without seriously altering the organization.

The appeal 5121/2024 raised by both parties (worker and company) is resolved in relation to the dismissal procedure processed by the Social Court No. 2 of Ferrol (records 874/2023).

The worker, a home help assistant, was on medical leave from September 2022 to July 2023

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Jurisdicción
Número de resolución
5121/2024
España
Fecha
21 de January de 2025
STSJ_GAL_456_2025.pdf
Is effective work time dedicated to commuting at the beginning and end of the day?

The Supreme Court sets criteria on working time: the return journey from the last client does not count as a working day. There is no business control or obligations during the trip, so the general rule of article 34.5 of the Workers' Statute is applied, which requires being at the job to start or end the day.

The ordinary appeal filed by the company against the ruling handed down by the Social Chamber of the National Court is resolved (nª

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Jurisdicción
Número de resolución
323/2025
España
Fecha
21 de April de 2025
STS_1914_2025.pdf
The TSJ of the Basque Country recognizes the compensated termination of a worker's contract for serious non-compliance in the prevention of psychosocial risks

The company did not apply the proposed preventive measures after identifying a labor conflict with an impact on the worker's mental health, nor did it carry out medical surveillance adapted to the risk.

The appeal filed by the worker against the ruling of the Social Court No. 4 of Bilbao, dated 18/1/2024, is resolved in a contract termination procedure under article 50 of the Workers' Statute, which was dismissed at first instance for not appreciating serious non-compliance by the

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Jurisdicción
Número de resolución
1456/2024
España
Fecha
11 de June de 2024
STSJ_PV_4347_2024.pdf
The TSJ of the Canary Islands clarifies that time specification is not an absolute subjective right and must take into account parental co-responsibility

The Court rejects a worker's appeal, considering that she did not justify a real and proportional need, and that the company offered reasonable alternatives, proving organizational harm.

The appeal filed by the plaintiff against the Judgment of the Social Court No. 10 of Las Palmas de Gran Canaria, dated September 17, 2024 (orders 789/2024) is resolved. Procedure on conciliation rights.

The worker, a stocker in a supermarket, provided services in shifts from Monday to Sunday from 4:30 to 12:50, with

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Jurisdicción
Número de resolución
1760/2024
España
Fecha
27 de February de 2025
STJ_ICAN_1_2025.pdf
The Supreme Court establishes limits for the enjoyment of paid leave for hospitalization of family members

The Supreme Court establishes that the right to leave persists after hospital discharge as long as the need for care persists, but it is extinguished if the family member is discharged from hospital, once the cause that justifies its granting disappears.

The ruling resolves the appeal no. 104/2023, filed by the defendant company against the ruling issued on December 13, 2022 by the Social Chamber of the Superior Court of Justice of Catalonia, in procedure no. 45/2022, initiated by several

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Jurisdicción
Número de resolución
104/2023
España
Fecha
06 de May de 2025
STS_2074_2025.pdf

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