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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 Supreme Court endorses the generic justification for the use of union hours

The company has the right to control the use of hourly credit without this constituting a violation, according to the ruling that defines the scope of business control over union hours.

It resolves the cassation appeal for the unification of doctrine on the Protection of Fundamental Rights, filed by a company against the ruling handed down by the Social Chamber of the Superior Court of Justice (TSJ) of Galicia on December 7, 2020 (recourse for supplication no. 3405/2020), in turn

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Jurisdicción
Número de resolución
472/2021
España
Fecha
11 de June de 2024
STS_3454_2024.pdf
THE TSJ of Catalonia confirms the annulment of the dismissal of a worker who does not pass the trial period after suffering a work accident

The Court debates the existence of discrimination, the employee provided services for a delivery company through a temporary employment agency (ETT).

The defendant company filed an appeal against the Judgment of the Social Court No. 2 of Gerona, issued on June 23, 2023 regarding dismissal (orders No. 916/2022), being appealed by the worker and FOGASA.

The worker,D. Onesimus, provided services for the defendant company under a Discontinuous fixed contract from September 5, 2022, with the professional category

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Jurisdicción
Número de resolución
6523/2023
España
Fecha
24 de April de 2024
STSJ_CAT_3631_2024.pdf
The Supreme Court resolves controversy over the payment of food checks in teleworking situations

The union defends that they should be considered as salary receipt in kind.

An appeal was filed against ruling No. 117/2021 issued by the Social Chamber of the National Court on May 24, in proceedings No. 419/2020.

In the lawsuit, the recognition of several rights for teleworking workers was requested, all with retroactive effect to March 11, 2020:

  • C Compensation for expenses: Coverage of internet connection costs, ADSL line and energy supplies to maintain an adequate temperature in the home
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Jurisdicción
Número de resolución
271/2021
España
Fecha
19 de March de 2024
STS_1707/2024.pdf
The Social Court No. 2 of Salamanca resolves dismissal for poor performance

The company did not provide the reasons for the dismissal of a worker who was going to be a father.

The worker, Miguel, filed a lawsuit for dismissal against the company for which he had worked since December 6, 2022, in the category of laborer (Case No. 521/2023 Social Court No. 2 of Salamanca).

He June 9, 2023, the company notified him of the dismissal. In the dismissal letter, the company alleged a continuous and voluntary decrease in your

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Jurisdicción
Número de resolución
521/2023
España
Fecha
25 de August de 2023
SJSO_4293_2023.pdf
The TSJ of the Basque Country confirms the right to receive additional compensation for unfair dismissal

The Court considers the legal compensation for dismissal insufficient.

It is resolved Appeal filed by the company against ruling no. 142/2023 of the Single Social Court of Éibar, dated 11/28/2023, orders 299/2023, complaint regarding dismissal.

The worker provided services for a company with indefinite contract and seniority since March 1, 2021.Participated in a selection process convened by a City Council,being included in the job pool. On March 9, 2023,The City Council contacted by telephone with him

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Jurisdicción
Número de resolución
502/2024
España
Fecha
23 de April de 2024
STSJ_PV_75_2024.pdf
The TSJ of Galicia rules on the right to digital disconnection and data protection of a worker

The company sends emails and messages outside of established working hours, although without requesting an immediate response.

The appeal 5647/2023, filed by the legal representation of the worker, Mr. Valeriano, against sentence No. 357/23 issued by the Social Court No. 4 of Vigo is resolved,procedure for recognition of rights and protection of fundamental rights (privacy and data protection), cars no. 517/23.

Mr. Valeriano, served as a security guard He demanded that the company recognize his right to digital

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Jurisdicción
Número de resolución
5647/2023
España
Fecha
04 de March de 2024
STJ_GAL_1944_2024_0.pdf
The TSJ of Madrid addresses controversy over limits on adapting working hours for family reasons

It is not an absolute and automatic right

The appeal No. 994/2023 filed by the plaintiff against the ruling of the Social Court No. 4 of Madrid, dated September 4, 2023, orders No. 478/2023, is resolved.

The worker provided services such as multipurpose cashier with a weekly shift of 30 hours and has a daughter born in 2019,enrolled in a course during 9:00 a 14:00 hours. The minor's father works during Monday to Sunday, from 8:30 a.m. to

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Jurisdicción
Número de resolución
994/2023
España
Fecha
09 de February de 2024
STSJ_M_.1310_2024_0.pdf
The TS endorses a disciplinary dismissal after routine drug control of the driver

The worker had no physical or mental impairment that could influence driving.

HE solve he resource of cassation for the unification of doctrine presented by the actor against the ruling of July 13, 2022 of the TSJ of Andalusia (rec. petition no. 738/2022) formulated against the ruling of the Social Court No. 9 of Malaga of February 10, 2022 (records no. 935/2021), which declared the dismissal appropriate.

The worker, who had been providing services as a mechanical driver since June

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Jurisdicción
Número de resolución
3852/2022
España
Fecha
09 de January de 2024
STS_60_2024.pdf
THE TSJ of Catalonia confirms the resignation of a worker and eliminates the fine for recklessness

The ruling confirms that the employee sought to fraudulently obtain unemployment, but the action taken is not considered reckless.

It resolves the appeal presenting for the legal representation of the worker before the Sentence of the Social Court 2 of Barcelona of date July 3, 2023 (lawsuit for dismissal with case number 309/2021), being appealed by the defendant company and FOGASA.

The worker provided services with an indefinite contract and was a cleaner, but was on leave.leave of

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Jurisdicción
Número de resolución
6351/2023
España
Fecha
14 de February de 2024
STSJ_CAT_1329_2024.pdf
The TSJ of Madrid endorses the dismissal of a worker on probation and revokes the sentence for violation of fundamental rights

The Court determines that the dismissal is justified, without evidence of fraud or discrimination

The appeal No. 1019/2023 presented by the company against the ruling dated August 2, 2023 of the Social Court No. 15 of Madrid is resolved (orders 107/2023)for dismissal and protection of fundamental rights.

The worker provided services from July 22, 2022 to January 13, 2023, under a full-time fixed-term contract linked to a program financed by European funds,as internship tutor. In the

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Jurisdicción
Número de resolución
1019/2023
España
Fecha
06 de March de 2024
STSJ_M2529-2024_0.pdf

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