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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 La Rioja confirms the inadmissibility of the dismissal as the employee's transgressive and non-compliant conduct was not proven

The TSJ of La Rioja confirms the ruling of the Social Court No. 3 of Logroño dated August 2, 2023 that declared the dismissal of a supermarket worker inadmissible and forces the company to reinstate him with the same conditions he had and pay him the salary he had stopped receiving, or compensate him.

The employee had the category of cashier assistant while also performing the duties of a trusted person of the center manager, and received notification of his

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Jurisdicción
Número de resolución
125/2023
España
Fecha
16 de November de 2023
STSJ_LR_387_2023
The Supreme Court declares the inadmissibility of the company's unilateral waiver of the post-contractual non-competition agreement

For the High Court, l The clause that grants power only to the employer is void, forcing the company to compensate the worker.

The Supreme Court resolves the appeal for the unification of doctrine against ruling No. 371/2022 issued by the Social Chamber of the Superior Court of Justice of Madrid, of April 25, which annuls.

The worker voluntarily left the company and the company informed him that it would not make use of the non-competition agreement and, therefore, would

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Jurisdicción
Número de resolución
2261/2022
España
Fecha
25 de January de 2024
STS_347_2024
The Supreme Court endorses the withdrawal of the transportation bonus for teleworking workers

The High Court rejects the right of workers who provided night shift services and signed an agreement on teleworking, to receive the transportation bonus established in the collective agreement.

In its ruling, it resolves the appeal against the ruling of September 13, 2021 handed down by the Social Chamber of the National Court, which it confirms. This ruling dismissed the lawsuit in which the right of workers who provided services on the night shift and signed an agreement on teleworking

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Jurisdicción
Número de resolución
344/2021
España
Fecha
11 de January de 2024
STS_108_2024
The TSJ of Madrid declares the admissibility of dismissal in case of unfitness and impossibility of relocation by the company

The ruling of the Superior Court of Justice of Madrid 14280/2023 of December 21 upholds the appeal filed by the company against the ruling of the Social Court No. 20 of Madrid that ruled declaring the dismissal inadmissible, and revokes it.

The company and employee appealed against the lower court ruling in which the dismissal was declared inadmissible. In her appeal, the employee requested the annulment of the dismissal because the ruling violated her right to effective judicial protection under

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Jurisdicción
Número de resolución
546/2023
Provincia
Comunidad de Madrid
Fecha
21 de December de 2023
STSJ_M_14280_2023
The TSJ of Asturias declares the admissibility of the dismissal for repeated non-compliance with the daily recording of the day

The ruling of the Superior Court of Justice of Asturias 2918/2023 of December 12 resolves the appeal filed against the ruling of the Social Court No. 1 of Gijón of July 12, 2023, whose ruling confirms.

In the lawsuit, the worker appealed against the disciplinary dismissal decided by her company for not recording her day in the application implemented by the company, as well as not reporting daily her activity, both in visits and in obtaining the informed consent of

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Jurisdicción
Provincia
Asturias
Fecha
12 de December de 2023
STSJ AS 2918/2023
The TSJ of Madrid confirms that it is not possible to unilaterally demand teleworking from the company

It ratifies the ruling handed down in the first instance in which the disciplinary dismissal of a worker who changed her address and demanded teleworking from the company.

The ruling of the Superior Court of Justice of Madrid 149/2024 of January 12 resolves the appeal filed against the ruling of the Social Court No. 14 of Madrid of September 1, 2023, whose ruling confirms.

In the lawsuit, the worker appealed the disciplinary dismissal decided by the company due to her

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Jurisdicción
Número de resolución
736/2023
Provincia
Comunidad de Madrid
Fecha
12 de January de 2024
STSJ_M_149_2024
The National Court confirms that the company can force the worker to inform it of their medical leave.

The fact that there is no longer the worker's obligation to submit the sick leave report does not mean that the company cannot force him to notify that he has been given the low.

The Judgment of the National Court 6652/2023 of December 18, 2023 resolves the collective dispute raised by appeal 269/2023, in which it was requested to issue a ruling declaring the cessation of the business practice consisting of the obligation of the worker to notify the company

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Jurisdicción
Número de resolución
269/2023
España
Fecha
18 de December de 2023
SAN_6652_2023
The TSJ of Madrid considers that the right to digital disconnection is not applicable if the worker receives an availability bonus

The lawsuit requested that the company's workers be granted the right to digital disconnection and that their rest time be respected without receiving messages from either the company or their colleagues, despite receiving the availability bonus established by their collective agreement.

The company, an audiovisual production company, is dedicated to providing a large television network with the ENG (Electronic News Gathering) service, also called electronic journalism or electronic news gathering, consisting of the capture of news outside the sets with

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Jurisdicción
Número de resolución
136/2023
Provincia
Comunidad de Madrid
Fecha
17 de July de 2023
STSJ_M_8990_2023
The Supreme Court maintains the annulment of the dismissal of a worker due to discrimination based on age for being over 50 years of age

The Supreme Court considers that, in the specific case, the reason for the dismissal was the worker's age, and consequently, declares its nullity because it is a discriminatory dismissal.
The worker had been providing his services since 2011, and in mid-2020 the company notified him of the objective termination of the employment relationship due to an organizational restructuring caused by the decline in sales. In addition, he sent him a proposal for compensation for unfair dismissal. The company did not

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Jurisdicción
Número de resolución
214/2023
España
Fecha
13 de September de 2023
ATS_1266_2023
TSJ of Madrid ratifies additional compensation for dismissal, recognizing moral damages for violation of fundamental rights

This ruling from the Superior Court of Justice of Madrid, dated November 29, 2023 and appeal number 448/2023, addressed the situation of a worker who is fired while she was in litigation with the company. In this judicial process, the worker sought to be recognized as a permanent rather than temporary employee.

The Social Court No. 28 of Madrid issued a ruling in which it recognized the worker's non-fixed indefinite status; both parties challenged this resolution. However, before a final

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Jurisdicción
Número de resolución
448/2023
Provincia
Comunidad de Madrid
Fecha
29 de November de 2023
STSJ M 13481/2023

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