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  • Get to know us
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    • +compromiso
    • Agreements with other MCSS
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    • Commitment to the SDGs
    • CSR and SDG Report
  • Certifications
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    • ISO 9001 Quality
    • Customer Satisfaction ISO 10002
    • Environment ISO 14001
    • Verified Carbon Footprint-GHG Protocol
    • ISO 27001 and ENS Information Security
    • QH Accreditation**
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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 email sent to the company by the worker's lawyer interrupts the prescription regarding remuneration

We analyze the Supreme Court Ruling number 747/2023, issued on October 17, 2023, which addresses the question of whether the sending of emails by a worker's lawyer, accompanied by telephone conversations, is sufficient to interrupt the prescription of salary arrears claimed from the company.

The Fourth Chamber of the Supreme Court establishes that the email sent by the lawyer is valid to interrupt the prescription in matters of remuneration, even if the cause and amount of the claim is not


Jurisdicción
Nº de recurso
182/2021
España
Fecha
October 17, 2023
STS_4178_2023

The Superior Court of Justice of Castilla-La Mancha ratifies the dismissal of a truck driver for posting videos on TikTok while driving

In a recent resolution, the Superior Court of Justice of Castilla-La Mancha has ratified the dismissal of a truck driver who, throughout 2021, published various videos on the TikTok platform while doing his job. The company, which was later sued for the dismissal, alleged that some of these videos were recorded while the employee was driving negligently on different roads in Spain.

These videos, shared on the worker's profile on TikTok, were used as the main argument by the company


Jurisdicción
Nº de recurso
585/2023
España
Fecha
October 17, 2023
STSJ_CLM_2304_2023

The Supreme Court declares the dismissal of a worker who misappropriated products from the supermarket where she worked admissible

In this ruling of the Supreme Court, dated October 17, 2023 and appeal number 5073/2022, it seeks to determine whether the dismissal of a supermarket worker, accused of misappropriating unpaid products worth less than six euros, should be considered appropriate, in accordance with the provisions of the disciplinary regime of the applicable collective agreement, or inappropriate due to the insignificant value of the stolen products. The worker had been fired for violation of contractual good faith and failure to comply


Jurisdicción
Nº de recurso
5073/2022
España
Fecha
October 17, 2023
STS_4175_2023

Reduction in working hours granted for caring for a first-degree relative

We are faced with a ruling from the Superior Court of Justice of Madrid, dated September 15, 2023 with appeal number 74/2023, in which the worker requests a reduction in working hours by one third with a specific working day of five hours and twenty minutes a day from Monday to Friday in fixed morning shifts from 8:30 a.m. to 1:50 p.m. to care for her mother-in-law, a 74-year-old woman who is unable to take care of herself and for


Jurisdicción
Nº de recurso
74/2023
España
Fecha
September 15, 2023
STSJ_M_9703_2023

The Supreme Court confirms the nullity of a dismissal as it is discriminatory due to age

The worker had been working for the company as an engineer since January 2011, until his dismissal in September 2020, at which time he was 58 years old. Although the company initially notified his dismissal as an objective, the next day it recognized its inadmissibility and offered him the corresponding compensation.

Until 2019, the annual performance evaluations carried out by the company towards the worker had produced results with a B grade, which indicates, according to the internal barometer of


Jurisdicción
Nº de recurso
326/2022
España
Fecha
October 20, 2022
STSJ_M_12909_2022

The TSJ of Castilla-La Mancha declares inadmissible the dismissal of a worker for carrying out physical work during his medical leave.

The Superior Court of Justice of Castilla-La Mancha has confirmed the inadmissibility of the dismissal of a worker who was on medical leave due to low back pain and who was caught helping his father-in-law in a job at his house.

The worker had been providing his services in the defendant company since 2004 in the professional category of laborer.

The defendant company hired a detective and verified that the worker was helping his father-in-law with tasks related to the


Jurisdicción
Nº de recurso
471/2023
España
Fecha
July 13, 2023
STSJ_CLM_1811_2023

The TSJ of the Canary Islands confirms the dismissal of a worker in an IT situation, for carrying out tasks similar to those of her job in another company while she was on sick leave

The ruling of the Superior Court of Justice of the Canary Islands, with appeal number 1024/2022, establishes that, given the diagnosis of anxiety of the worker in question, carrying out activities similar to those of her usual job and in which she was on sick leave, has a negative impact on her recovery process. This is because this activity is related to sales to the public and lacks a relaxing, recreational or leisure-oriented nature, factors that could contribute to its


Jurisdicción
Nº de recurso
1024/2022
España
Fecha
July 6, 2023
STSJ_ICAN_1969_2023

The TSJ of La Rioja refuses to declare permanent disability to a waitress with limited mobility in one hand because a decrease in her performance is not proven

The Social Chamber of the Superior Court of Justice of La Rioja has rejected the claim of a worker against the National Institute of Social Security and the General Treasury of Social Security. The worker requested a declaration of permanent disability for her usual profession, alleging that her injuries did not allow her to perform her job adequately due to the decrease in her work capacity.

The worker, whose profession is a waitress, had been diagnosed with synovitis and tenosynovitis


Jurisdicción
Nº de recurso
74/2023
España
Fecha
July 20, 2023
STSJ_LR_248_2023

Ignoring an email on rest days is not grounds for dismissal

In a ruling of February 21, 2022, the Superior Court of Justice of Madrid has declared inadmissible the dismissal of a worker, alleged by the company for which he worked, due to his alleged failure to respond to an urgent email during his vacation and disobedience to an order. The court emphasized that the employee was not obliged to respond to correspondence during his vacation, as he was protected by his right to digital disconnection.

According to the facts, the


Jurisdicción
Nº de recurso
20/2022
España
Fecha
February 21, 2022
STSJ_M_2517_2022

They estimate the appeal of a worker who had been recognized as having a total permanent disability to review the resolution within two years for a possible improvement

The Social Chamber of the TSJ of the Canary Islands has upheld the appeal presented by a worker from the Canarian Health Service, to whom the INSS had recognized a total permanent disability in January 2021. The worker requested that the decision be reviewed before the planned two years, since he considered that his state of health could improve.

The ruling explains that the worker received recognition of total permanent disability due to chronic venous insufficiency in the lower extremities


Jurisdicción
Nº de recurso
570/2022
España
Fecha
July 13, 2023
STSJ_ICAN_1997_2023

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