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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 ratifies the limitation of paid leave for medical support to non-dependent parents

Extending the permit to non-dependent people generates abusive use at the employer's expense.

On June 30, 2021, the Collective Conflict demand before the Social Chamber of the National Court (orders no. 204/2021) in which it was requested that "(...) the right of workers to enjoy 35 hours of accompanying the father or mother's doctor is declared, without it being necessary for them to be in charge of the worker, or be dependent, and consequently with the above, the company is

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Jurisdicción
Número de resolución
79/2022
España
Fecha
20 de March de 2024
STS_1793_2024.pdf
The TSJ of Catalonia annuls the dismissal that was considered unfair of a worker on his last day of paternity leave

The company does not prove the completion of the work for which the employee was hired

The Court has partially upheld the appeal filed by the worker against ruling No. 37/2023 of February 28, issued by the Social Court No. 1 of Reus (dismissal orders No. 1019/2020).

The plaintiff, Mr. Justiniano, had been working for a company specialized in forestry and logging within the agricultural sector. He was hired on November 18, 2019, under the contract modality for specific work

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Jurisdicción
Número de resolución
3740/2023
España
Fecha
17 de November de 2023
STSJCAT_10664_2023.pdf
The TS declares that the reduction of working hours for legal guardianship of a minor must be carried out “within the ordinary working day”

For the High Court, a change of shifts cannot be required rotating morning and afternoon to a single shift

The Supreme Court resolves an appeal for the unification of doctrine against the sentence handed down by the Social Chamber of the Superior Court of Justice of Murcia (Rec. Suplicación no. 1350/2018) formulated against the sentence of the Social Court 2 of Cartagena (orders no. 250/2018).

The workerShe provided services in a department store with a full-time indefinite contract and

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Jurisdicción
Número de resolución
3576/2020
España
Fecha
21 de November de 2023
STS_5045_2023.pdf
The TS ratifies the deadline to claim financial compensation for annual vacations not taken after termination of employment by I.P. Absolute

The payment of vacations pending enjoyment in 2015 accrued while on sick leave due to temporary disability due to 18 months having elapsed is not applicable.

The Supreme Court resolves the appeal for unification of doctrine filed against the ruling handed down by the Social Chamber of the Superior Court of Justice of the Basque Country (rec. petition no. 865/2020) formulated against the ruling handed down by the Social Court no. 8 of Bilbao (orders no. 479/2018).

The worker provided

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Jurisdicción
Número de resolución
439/2021
España
Fecha
19 de December de 2013
STS
The Supreme Court recognizes the right of temporary and temporary temporary workers to include periods without activity as part of their seniority

Recognition of trienniums in periods in which there was no effective provision of services

The appeal for the unification of doctrine filed against the ruling handed down by the Social Chamber of the Superior Court of Justice of Castilla y León (Burgos) 292/2022 (recourse. Supplication 187/2022) formulated against the ruling handed down by the Social Court No. 1 of Ávila (records 605/2021) “claim of right and amount” against a Department is upheld. of an Autonomous Community.

The question that arises

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Jurisdicción
Número de resolución
2609/2022
España
Fecha
26 de February de 2024
1217_2024.pdf
TSJ of Catalonia rules that "The right to digital disconnection does not constitute a fundamental right in Spain"

The Court rejects compensation for violation of the right to digital disconnection, because this right does not have the character of a fundamental right and ratifies the lower court ruling determining that it is not appropriate to grant compensation for the violation of the right to digital disconnection.

The Social Court no. As a result of the situation, the worker had a psychiatric pathology that led him to be on medical leave due to a common illness. The claim is

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Jurisdicción
Número de resolución
7704/2022
España
Fecha
05 de May de 2023
STSJ_CAT_4817_2023.pdf
The TS maintains that the termination of an employment contract for objective reasons may be compatible with hiring prior to and after dismissal.

The admissibility of the dismissal is declared as it is carried out in accordance with the law, despite a worker being hired just before carrying out an objective dismissal, considering in this case the amortization of the job.

The Supreme Court, in its ruling no. 732/2023 of October 10 resolves the appeal for unification of doctrine no. 3103/2021 filed against the ruling of the Superior Court of Justice of Valencia, appeal no. 667/2020, formulated against ruling of the Social Court

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Jurisdicción
Número de resolución
3103/2021
España
Fecha
10 de October de 2023
STS_4164_2023.pdf
The Supreme Court ratifies the application of the collective agreement agreed in the contract in the absence of another applicable due to the activity

 The worker in Malaga of a Madrid company demanded the application of the Malaga Collective Agreement.

The collective agreement established in the employment contract prevails over other agreements that may apply to the secondary activity of the company, since the main activity is not subsumed within the functional and territorial scope of any collective agreement.

The TS resolves the appeal for unification of doctrine presented by the plaintiff against the ruling of the Social Chamber of the Court of Justice

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Jurisdicción
Número de resolución
2900/2021
España
Fecha
21 de December de 2023
STS_5913_2023.pdf
The NATIONAL COURT clarifies the paid nature of the leave due to force majeure of four days per year that is included in article 37.9 of the Workers' Statute

The paid nature of leave for urgent reasons in the event of illness or accident has been established, and is applicable even if it is not regulated by the Collective Agreement or if there is an agreement in this regard with the legal representation of the workers.

The National Court, Social Chamber, resolves the Collective Disputes procedure presented by the Galician Inter-Union Confederation (CIG) to which procedures 325/2023 and 327/2023   initiated by other unions (UGT, TU-SI, CSI-F and CSI) were

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Jurisdicción
España
Fecha
13 de February de 2024
SAN_19_2024.pdf
The Supreme Court considers the right of the worker to the maternity supplement due to demographic contribution to the retirement pension to be imprescriptible.

The request was made more than five years after the causative event.

The High Court resolves the appeal for the unification of doctrine raised against ruling No. 837/2022 dated 2.12.2022 issued by the Social Chamber of the Superior Court of Justice of Cantabria, which confirms.

The plaintiff requested a retirement pension with the effects of the causative event on 11/30/2016, obtaining a resolution in which said pension was granted. Subsequently, and more than five years after the date of the

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Jurisdicción
Número de resolución
862/2023
España
Fecha
21 de February de 2024
STS_1036_2024

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