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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

Did the company violate the privacy of a former executive by hiring a private detective after his dismissal?

The Superior Court of Justice of Madrid has confirmed the existence of a violation of fundamental rights by subjecting a former worker who had previously sued the company for dismissal to unjustified surveillance.

The appeal 23/2025, filed by the defendant company against the ruling issued by the Social Court No. 36 of Madrid (orders No. 986/2024), is resolved in a procedure for claiming fundamental rights and amount.

The plaintiff, who had served for 16 years as commercial director in a

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Jurisdicción
Número de resolución
23/2025
España
Fecha
10 de March de 2025
STSJ_M_3460_2025.pdf
The National Court recognizes the right to include night and holiday bonuses in the remuneration during vacations, if they are habitual

""The Court upholds the demand of several unions by considering that bonuses for night work and weekend work, when received regularly, form part of ordinary remuneration and must be integrated into vacation pay in accordance with the doctrine of the CJEU and the Supreme Court."

The Social Chamber of the National Court resolves the appeal filed in collective dispute procedure No. 1340/2025, promoted by the union representatives of two unions in the railway sector. The conflict affects 3,000 workers

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Jurisdicción
Número de resolución
19/2025
España
Fecha
25 de March de 2025
SAN_1340_2025.pdf
TSJ Galicia dismisses appeal for workplace and sexual harassment against company and administrator

The worker, on sick leave due to anxiety-depressive disorder and with recognized IPT, claimed €92,843 for alleged attacks.

The appeal No. 6050/2024, filed against the sentence handed down by the Social Court No. 2 of Ferrol (orders 824/2023), was resolved. The plaintiff requested the revocation of the sentence, the recognition of sexual and workplace harassment,the declaration of violation of fundamental rights, and the joint and several condemnation of the companies, their insurers and the administrator to pay the

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Jurisdicción
Número de resolución
6050/2024
España
Fecha
23 de March de 2025
STSJ_GAL_2513_2025.pdf
The Supreme Court reaffirms the preferential right of re-entry of the worker on voluntary leave over collective agreements

Collective agreements or the transformation of temporary contracts into permanent contracts do not prevail if there is a valid request for reinstatement and a vacancy of the same or similar category.

The Supreme Court has rejected the appeal for the unification of doctrine filed by the defendant company, confirming the ruling handed down by the Social Chamber of the Superior Court of Justice of Catalonia (remedy no. 6794/2024), which resolved the instance procedure no. 129/2020, regarding the recognition of rights

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Jurisdicción
Número de resolución
6794/2024
España
Fecha
12 de March de 2025
STS_1150_2025.pdf
The TSJ of Catalonia ratifies corporate liability for a work accident with additional benefits

It confirms the ruling of the Social Court and maintains the 40% surcharge for the lack of adequate preventive measures in the cleaning of a railway station.

The appeal 3874/2024 filed by the company against the ruling of the Social Court no.

Don Humberto I worked as a cleaner interim for a cleaning company, providing services at a station. He had only been in his position for a few days. On the day of the accident he was part of

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Jurisdicción
Número de resolución
3874/2024
España
Fecha
19 de March de 2025
STSJ_CAT_1396_2025.pdf
The National Court recognizes the right to include night and holiday bonuses in the remuneration during vacations, if they are habitual.

"The Court upholds the demand of several unions by considering that bonuses for night work and weekend work, when received regularly, form part of ordinary remuneration and must be integrated into vacation pay in accordance with the doctrine of the CJEU and the Supreme Court."

The Social Chamber of the National Court resolves the appeal filed in collective dispute procedure No. 1340/2025, promoted by the union representatives of two unions in the railway sector. The conflict affects 3,000 workers

Leer más

Jurisdicción
Número de resolución
19/2025
España
Fecha
25 de March de 2025
SAN_1340_2025.pdf
The TSJ of Andalusia confirms sentence for not adapting the position to a disabled worker suitable with limitations

The Court ratifies the compensated termination of the contract and increases the compensation for violation of fundamental rights to 20,000 euros, describing the business conduct as serious and persistent.

The appeal number 218/2024 filed by both parties is resolved, in relation to the ruling issued by the Social Court No. 3 of Malaga on a case of protection of fundamental rights.

The worker began providing services as a security guard for the defendant company on January 19, 2018. On April

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Jurisdicción
Número de resolución
218/2024
España
Fecha
08 de April de 2024
STSJ_AND_2544_2024.pdf
The TSJ of Castilla y León ratifies the inadmissibility of the dismissal of an IT worker for carrying out daily activities

The worker acted in accordance with medical recommendations and did not violate contractual good faith during his medical leave.

The appeal No. 3139/24, filed by a company in the automobile sector, against the ruling of the Social Court No. 1 of Valladolid, dated October 14, 2024 (orders 753/2024), is resolved.

The worker was fired by letter dated June 6, 2024.He was on temporary disability since 6/12/2023 (IT) due to acute low back pain since June 2023. The worker

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Jurisdicción
Número de resolución
3139/2024
España
Fecha
03 de February de 2025
STSJ_CL_294_2025.pdf
The TS recognizes the right to holiday bonuses for workers hired part-time to provide services exclusively on weekends and holidays.

The ruling revokes the decision of the Madrid TSJ, arguing that the exclusion of the holiday bonus for these workers is not justified and violates the right to equality.

This ruling resolves the appeal for the unification of doctrine filed by the worker's legal representation, against the ruling issued on April 26, 2023 by the Social Chamber of the Superior Court of Justice of Madrid, in the appeal No. 1444/2022 formulated against the ruling of the Social Court no. 39

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Jurisdicción
Número de resolución
1444/2022
España
Fecha
04 de March de 2025
STS_1013_2025.pdf
The TSJ of Castilla y León rules against a company that fired a worker for uploading videos on networks while on medical leave

The Court concludes that the worker's activity on Instagram and TikTok as an influencer did not violate contractual good faith or affect her recovery.

The appeal No. 3113/2024, filed by the defendant company, is resolved against the ruling of the Social Court No. 1 of Palencia (orders 206/2024) that analyzes the legality of the disciplinary dismissal of the worker.

Ms. Flora had been providing services since February 2017 with an indefinite contract and category of 1st clerk in a mobile

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Jurisdicción
Número de resolución
3113/2024
España
Fecha
27 de January de 2025
STSJ_CL_262_2025.pdf

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