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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 Madrid condemns the company for violating the fundamental right to physical integrity of a worker subjected to work overload and stress

The ruling confirms the compensated termination of the contract for abusive working conditions, harassment and work overload that affected the employee's health, also imposing compensation for moral damages.

The appeal 58/2024, filed against the sentence handed down by the Social Court No. 2 of Madrid in the ordinary procedure, is resolved (orders 482/2023).

The plaintiff, Ms. Enriqueta, had worked in an insurance company since September 6, 2020, initially being in charge of processing claims for a client insurance company. As

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Jurisdicción
Número de resolución
58/2024
España
Fecha
13 de September de 2024
STSJ_M_10372_2024.pdf
The TSJ of Navarra extends the right to vacations not taken beyond the calendar year if the company does not act diligently

The TSJ highlights that companies must actively and transparently guarantee that workers can exercise their right to rest. In addition, vacations not taken can be claimed after the deadline if the employer has not facilitated their enjoyment.

The ruling resolves the appeal (no. 77/2024) against a ruling by the Social Court No. 1 of Pamplona-Iruña that had already partially upheld the claim, a procedure for claiming an amount in which the payment of 9,728.32 euros for owed salaries was requested

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Jurisdicción
Número de resolución
77/2024
España
Fecha
07 de June de 2024
STSJ_NA_352_2024.pdf
Twenty-sixth final provision of Organic Law 1/2025, of 2.1.2025

 

Organic Law 1/2025 published on January 3, 2025 (see page 266 and 267 of the PDF) in which modifies the Workers' Statute Law(approved by Royal Legislative Decree 2/2015, of October 23).

Below are details of the main changes established in the twenty-sixth final provision of this law, which will come into force from April 3, 2025:

Modification of article 50: termination at the will of the worker

This article establishes new causes that allow the worker to

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Jurisdicción
España
BOE_A_2025_76.pdf
The TSJ of Andalusia supports the jurisprudence of the Supreme Court on the justification of leave for hospitalization

Must the cause of paid leave due to serious illness or hospitalization be justified for its entire duration?

A recent ruling clarifies the interpretation of the paid leave of 5 working days regulated in article 37.3.b of the Workers' Statute. This case of collective conflict, which affects several workplaces in the province of Andalusia, highlights that permission has a strictly causal nature.

The court ruling highlights that, in addition to the initial justification when starting the leave, it is necessary

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Jurisdicción
Número de resolución
13/2024
España
Fecha
21 de October de 2024
STSJ_AND_15385_2024
The TSJ of Catalonia endorses the business refusal to grant a fixed shift requested by a father to care for a child

The plaintiff's request lacks sufficient grounds to justify the adaptation of the day; being a father does not constitute, in itself, a sufficient justification to create an automatic right to conciliation.

The ruling resolves the appeal (no. 935/2024) against a previous ruling by the Social Court No. 3 of Granollers, which had already dismissed the lawsuit, including claims for protection of fundamental rights and a claim for 6,250 euros for moral damages.

The worker, an administrative officer in the "logistics

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Jurisdicción
Número de resolución
935/2024
España
Fecha
02 de September de 2024
STS_CAT_6580_2025.pdf
The TSJ of Justice of Castilla y León endorses the dismissal of a worker for abandoning her job

The Court confirms the dismissal of a worker for violating the duty of probity and committing serious misconduct.

The appeal No. 1628/24, filed against the ruling of the Social Court No. 1 of Palencia (records 37/2023), which dismissed the worker's claim and acquitted the company, is resolved. The Public Prosecutor's Office was also part of the process.

Ms. Laura, employed as a baker's assistant since 03/15/2019, with a permanent contract and a salary of €38.73/day, was fired on December 21

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Jurisdicción
Número de resolución
1628/2024
España
Fecha
26 de July de 2024
STS_CL_3342_2024.pdf
The Supreme Court requires a prior hearing in disciplinary dismissals

In a case of harassment, the High Court tells the Social Court that it has to reanalyze the facts that led to the dismissal.

The Plenary Session of the Supreme Court has resolved an appeal, formulated against the ruling handed down on February 13, 2023, appeal no. 454/2022, presenting against the ruling handed down by the Social Court No. 4 of Palma, orders no.  

The plaintiff worked as a teacher in the Theater Theory Area at a Drama School

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Jurisdicción
Número de resolución
4735/2023
España
Fecha
18 de November de 2024
STS_5454_2024.pdf
The TSJ of Catalonia rules on the dismissal of a worker for lack of attendance and mental reasons. Null or unfair dismissal?

It declares the dismissal void because it considers that there was discrimination that violated the worker's right to equality.

Appeal 5313/2023 is resolved, filed against the ruling of the Social Court No. 8 of Barcelona, ​​with case number 928/2021.

A worker, a supervisor in the company, asked his boss (manager) for a meeting that was held by videoconference. During this, the worker informed him that he was having nightmares, hearing voices and having recurring dreams about a Muslim woman who

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Jurisdicción
Número de resolución
1135/2024
España
Fecha
17 de April de 2024
STSJ_CAT_2790_2024.pdf
The Supreme Court reiterates doctrine on the requirements that a dismissal letter for objective causes must meet

In the dismissal letter it is not necessary to justify whether the dismissal is reasonable; in the trial the company will have to prove that there are actually causes that justify the dismissal.

The appeal for the unification of doctrine filed by the company is resolved, against the ruling of May 24, 2021 of the Superior Court of Justice of Madrid (rec. Suplicación 278/2021), which resolved the appeal filed by the worker, Mr. Máximo, against the ruling of the Social

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Jurisdicción
Número de resolución
2484/2021
España
Fecha
25 de September de 2024
STS_4544_2024.pdf
The National Court rules on the flexibility of enjoying leave to care for family members and cohabitants

The Court rejects the business interpretation of starting leave on the day of the causative event and defends the right of workers to adjust their start based on their conciliation needs.

The lawsuit filed by three unions against a group of automobile service companies in the Collective Conflict procedure 167/2024 is resolved. All of the defendant companies are subject to their own Collective Agreement.

November 29, 2023, these companies issued an internal note to regulate the enjoyment of certain

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Jurisdicción
Número de resolución
167/2024
España
Fecha
12 de September de 2024
SAN_4446_2024.pdf

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