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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 TSJ of the Balearic Islands confirms the dismissal due to sudden ineptitude of a worker due to loss of work permit

The Court rejects the allegation of unfair dismissal, confirming that the loss of the work permit justifies the termination of the contract, even if the resolution was not final, due to the lack of recourse on the part of the worker.

The Social Chamber has resolved the appeal no. 644/2023, filed against the ruling of the Social Court No. 2 of Palma de Mallorca, issued on May 5, 2023 (orders no. 342/2021).

The worker, Mr. Dionisio, had been providing services

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Jurisdicción
Número de resolución
644/2023
España
Fecha
13 de May de 2024
STSJ_BAL_501_2024.pdf
The TSJ of Madrid has declared inadmissible the objective dismissal of a manager who requested a reduction in working hours due to legal guardianship in order to protect himself against a staff restructuring

The Court considers that the company did not adequately justify the termination of the contract, since there was no real and objective cause to dismiss the worker.

The ruling of the Superior Court of Justice resolves the appeal No. 363/2024 filed by both the defendant company and the worker D. Estanislao, against the ruling handed down by the Social Court No. 09 of Madrid on October 5, 2023.

Mr. Estanislao, father of 4 children aged between 11 and 2 years

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Jurisdicción
Número de resolución
1135/2024
España
Fecha
23 de September de 2024
STSJ M 10937_2024
The TSJ of the Balearic Islands analyzes the right to a prior hearing in the disciplinary dismissal of a hotel maid

The admissibility of the dismissal is confirmed as it was a dismissal prior to the TS ruling of 11/18/24 and as the lack of a hearing at the appropriate time was not challenged.

The appeal number 231/2024, filed by the legal representation of the worker against the ruling number 50/24, dated February 14, 2024, issued by the Social Court number 5 of Palma, in the dismissal procedure (orders 715/2022), is resolved.

The worker,Ms. Adela, performed duties as a

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Jurisdicción
Número de resolución
231/2024
España
Fecha
23 de December de 2024
STSJ_BAL_1243_2024.pdf
Should the 5-day hospitalization leave be extended beyond hospital discharge if there is home rest or should it automatically expire?

The National Court decides that the permit can be extended up to five days if home rest is prescribed, even if the patient has been discharged from hospital.

Procedure No. 391/2024 is resolved regarding collective conflict, presented by several unions against a company in the graphic arts sector, paper and cardboard handling, publishing and auxiliary industries(BOE no. 245, of October 13, 2023).

The object of the conflict is the recognition of the right of workers to fully enjoy the

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Jurisdicción
Número de resolución
391/2024
España
Fecha
06 de February de 2025
SAN_378_2025.pdf
The TSJ of Castilla y León confirms that enjoying vacations without authorization is an unjustified absence

The worker's interpretation of the vacation request procedure in the company does not justify his absence.

The appeal No. 2761/2024, filed by Mr. Juan Pedro against the ruling of the Social Court No. 4 of León (Orders 200/24), dated September 9, 2024, in relation to his dismissal, is resolved.

Mr. Juan Pedro worked as a supervisor with a full-time indefinite contract. On December 30, 2023, the company informed him of his disciplinary dismissal with effect from the same day, alleging

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Jurisdicción
Número de resolución
2761/2024
España
Fecha
13 de January de 2025
STSJ_CL_19_2025.pdf
The TSJ of Madrid declares a company's refusal to grant teleworking to a mother discriminatory

The company was sentenced to adapt the worker's working hours and pay compensation for violating her fundamental rights.

The appeal number 499/24 filed by the legal representation of Ms. Carlota against the ruling of the Social Court No. 12 of Madrid (orders No. 637/2023) issued on February 26, 2024 is resolved.

Ms. Carlota, a lawyer in the company since 2001, requested to return in April 2023 after taking a leave of absence to care for her daughter, born with a

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Jurisdicción
Número de resolución
499/2024
España
Fecha
18 de October de 2024
STSJ_M_14448_2024.pdf
Can a company fire a pregnant worker during the trial period without justification?

The TSJ of Madrid declares the dismissal null and void, considering that the company should have specified the reasons, although it was unaware of the worker's pregnancy.

The appeal 187/2024, filed against the ruling handed down by the Social Court No. 19 of Madrid in proceedings 647/2023, dated November 10, 2023, regarding dismissal, is resolved.

Ms. Sandra provided services for the defendant company from May 8, 2023, with the category of teleoperator and under a temporary part-time contract due to

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Jurisdicción
Número de resolución
187/2024
España
Fecha
20 de June de 2024
STSJ_M_14607_2024.pdf
The TSJ of Aragón rules against a company for dismissing a worker who refused to undergo medical tests necessary to work for certain clients

The Court maintains that the company should have assigned the employee to another service instead of opting for dismissal.

The appeal No. 764/2024 filed against the ruling dated June 4, 2024, issued by the Single Social Court of Huesca in cases No. 557/2023, is resolved.

Mr. Juan Antonio filed a lawsuit for dismissal against a company in the construction sector. He had been serving in the company since September 16, 2020 with an indefinite contract and 1st Officer category. On

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Jurisdicción
Número de resolución
764/2024
España
Fecha
15 de October de 2024
STSJ_AR_1512_2024.pd
The TS rules on a case of a worker who refused to work overtime and demanded his rights

“The dismissal was an illegitimate reaction to the employee's previous claims, violating his fundamental right to effective judicial protection.”

The appeal for the unification of doctrine is resolved, against the ruling of the TSJ of Extremadura No. 5464/2023, formulated against the ruling of the Social Court No. 5 of Badajoz with case number 730/2022.

The worker, Jesús Miguel, was providing services as a driver since August 16, 2021.

On July 6, 2022, Jesús Miguel refused to perform additional service, arguing

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Jurisdicción
Número de resolución
1359/2024
España
Fecha
20 de December de 2025
STS_6277_2024.pdf
The TSJ of Andalusia, Ceuta and Melilla confirms the inadmissibility of the dismissal of a worker who combined freelance work during his working day

The Court considers that the offense committed is not serious enough to justify disciplinary dismissal, despite the fact that he used the uniform and vehicle of the company for which he worked as an employee.

The appeal number 1615/24 filed against the ruling of the dismissal process with case number 268/23 of the Social Court of Melilla is resolved.

D. Mateo worked since 2013 as an official telecommunications technician for a company dedicated to communications (distribution of mobile and landline

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Jurisdicción
Número de resolución
1615/2024
España
Fecha
04 de November de 2024
STSJ_AND_16992_2024.pdf

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