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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 Basque Country rules on the adaptation of the working day for reasons of family conciliation of a child over 12 years of age

The right of a worker to modify her schedule in alternate weeks to care for her daughter under joint custody is recognized.

The Appeal Appeal 115/2024 filed by the worker against the ruling of the Social Court No. 11 of Bilbao, dated July 4, 2023, is resolved, procedure “Other individual labor rights”.

Mrs. Paulina, employee since 2012 of an international chain selling furniture and home accessories in Barakaldo,She is divorced and shares custody of her 12-year-old daughter on

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Jurisdicción
Número de resolución
115/2024
España
Fecha
07 de May de 2024
STS_PV_1545_2024.pdf
The Supreme Court clarifies that the duration of the trial period must be clearly specified in the contract

The lack of specification of the duration of the trial period expressed as “according to agreement” It violates the worker's right to know its exact duration, making the contractual clause invalid and classifying the termination of the contract as unfair dismissal.

The appeal for the unification of doctrine is resolvedfiled against the ruling issued on November 23, 2022 by the Social Chamber of the Superior Court of Justice of Madrid (Rec. Suplication No. 679/2022), filed against the ruling dated

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Jurisdicción
Número de resolución
1164/2024
España
Fecha
24 de September de 2024
STS_4741_2024.pdf
The TSJ of Madrid declares the dismissal of a worker admissible after ignoring several digital notifications from the company

The Court considers that the company acted diligently.

Appeal No. 180/2024 is resolved on the ruling of the Social Court No. 36 of Madrid (records No. 539/2023), matter of dismissal and claim for amount.

Mr. Adolfo, had been providing services for the defendant company as a driver since March 11, 2023. The company notified him of his dismissal effective March 27, 2023, alleging unjustified absences.

The company notified the dismissal on several occasions, through a digital platform, but Mr. Adolfo

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Jurisdicción
Número de resolución
180/2024
España
Fecha
05 de July de 2024
STSJ_M_6621_2024.PDF
THE TSJ of Madrid condemns a company that did not keep time records to pay overtime

The Court determines that the burden of proof regarding the working day falls on the company.

Appeal number 1038/23 is resolved, against the ruling of the Social Court No. 45 of Madrid (orders No. 320/2023).

Mr. Cándido, a hostel worker, sued his company for payment of unpaid overtime and night hours between March and November 2022. Employed part-time since 2015, he claims a total of 67,036.12 euros plus interest. The company alleged the closure of the business as a reason

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Jurisdicción
Número de resolución
1038/2023
España
Fecha
24 de May de 2024
STSJ_M_6489_2024
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
26 de July de 2024
STSJ_AND_2544_2024.pdf
The TSJ of Asturias analyzes whether the dismissal of an employee while on leave due to anxiety was discriminatory

The worker alleges violation of fundamental rights and requests an annulment while the company maintains that it believed she was on medical leave. The dismissal is declared unfair.

Appeal is resolved 1135/2024 filed by the legal representation of Ms. Danitza, against ruling 88/2024 issued by the Social Court No. 6 of Oviedo, in the dismissal procedure 810/2023.

Mrs. Danitza provided services as a waitress, with a full-time indefinite contract with a seniority date of 10/1/2021, being the Collective Agreement

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Jurisdicción
Número de resolución
1135/2024
España
Fecha
26 de July de 2024
STSJ_AS_1926_2024.pdf
The TSJ of Castilla-La Mancha rules on the dismissal of a worker with reduced hours due to legal guardianship

The ruling highlights the worker's failure to comply with his contractual obligations and violation of the principle of good faith that governs labor relations.

Appeal No. 1112/2024 is resolved, against the judgment issued by the Social Court No. 3 of Ciudad Real (orders No. 655/2023).

The worker provided services as a stretcher bearer in an ICU ambulance, with an indefinite contract and a seniority of January 1, 2009. On May 13, 2020, he requested a reduction of working hours

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Jurisdicción
Número de resolución
112/2024
España
Fecha
04 de July de 2024
STSJ_CLM_2073_2024.pdf
The TSJ of Valencia endorses the dismissal of an employee who took advantage of her medical leave to promote herself on social networks

The worker who claimed incapacity for her usual job exhibited an active life on Instagram, incompatible with her employment situation.

The appeal is resolved (nº3317/2023), filed against the ruling of the Social Court No. 14 of Valencia, (orders 67/2023).The question to be resolved It is whether there has been a serious and culpable breach of labor that could justify disciplinary dismissal.

The worker, Ms. Encarnación, had been providing services since June 16, 2008 as an administrator in a company

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Jurisdicción
Número de resolución
3317/2023
España
Fecha
11 de April de 2024
STSJ_CV_1555_2024.pdf
The TSJ of Galicia rules out the existence of harassment reported by a worker after a work accident caused by his boss

The worker cannot prove systematic abusive behavior on the part of the company

The appeal No. 2120/2024 is resolved, filed against the ruling issued by the Social Court No. 4 of Lugo, on February 21, 2024, of procedure No. 616/2023, dismissal/termination in general.

Mr. Bernardo, worked as a kitchen assistant in a restaurant and had an indefinite part-time contract. He suffered a work accident on December 27, 2023, when his boss went to grab some dishes from the cupboards and

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Jurisdicción
Número de resolución
2506/2024
España
Fecha
28 de May de 2024
STSJ_AND_1945_2024.PDF
The TSJ of Andalusia dismisses the appeal to cover the cost of glasses for workers who use display screens

The ruling indicates that the reimbursement of glasses should be treated individually, not as a collective dispute.

It resolves the appeal(nº 583/2024) filed by a Union of Municipal Employees on the ruling of November 10, 2023, issued by the Social Court No. 14 of Seville (orders 283/23), which requested reimbursement of the cost of glasses for municipal employees who use display screens in their work. The lawsuit regarding a collective dispute was filed against a City Council and the

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Jurisdicción
Número de resolución
583/2024
España
Fecha
20 de March de 2024
STSJ_AND_1945_2024.pdf

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