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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 Cantabria recognizes a supplement of Great Disability to a person who needs permanent surveillance to avoid self-harm attempts

The Superior Court of Cantabria in this ruling number 447/2023, of May 19, analyzes the situation of a worker diagnosed with mental disorder, anxiety and depression with occasional consumption of alcohol and cocaine. She has had several suicide attempts, having to be admitted to specific mental health hospital centers on several occasions.

The worker has been granted absolute permanent disability and requests the major disability supplement because she needs permanent supervision from a third person, to stay alive or avoid


Jurisdicción
Nº de recurso
375/2023
España
Fecha
June 15, 2023
STSJ_CANT_637_2023

An accident ceases to be work-related if the worker incurs reckless imprudence

The high court determines that a negligent action of a reckless nature prevents the accident suffered by a worker from being determined as a work accident, as ruled in the ruling (rcud. 3749/2020) of the Supreme Court issued on July 4, 2023.

In this ruling, the determination of the contingency that applies in this accident is discussed between the worker's insurance company and the INSS. The Mutual Insurance Company maintains that it is a common contingency and the INSS maintains


Jurisdicción
Nº de recurso
3749/2020
España
Fecha
July 4, 2023
STS_3015_2023

Burden of proof in salary claim

This Supreme Court ruling rcud. 3034/2023 deals with the determination of who has the responsibility to prove the payment of wages, in situations where the existence of the provision of labor services during the period in question is not in dispute.

The appealed ruling, issued by the Social Chamber of the Superior Court of Justice of Castilla-La Mancha on July 16, 2020, with appeal number 825/2019, dismissed the appeal presented by the worker. Said ruling confirmed the terms of the


Jurisdicción
Nº de recurso
3304/2020
España
Fecha
July 4, 2023
STS_3034_2023

The Superior Court of Justice of Catalonia annuls the dismissal of a worker who was fired after informing the company for which he worked of his second paternity

The Social Chamber of the TSJ of Catalonia has issued a ruling that annuls the dismissal of a salesperson from a multinational after he informed the company about his second paternity.

The company carried out a series of objective dismissals, so the actor was informed of the termination of his contract for objective reasons, alleging the reorganization of the company. This measure affected eleven people between 03/26/2021 and 09/30/2021.

The reporting magistrates consider that there are indications that the worker


Jurisdicción
Nº de recurso
6291/2022
España
Fecha
March 6, 2023
STSJ_CAT_1773_2023

Royal Decree 608/2023, of July 11, which develops the RED Mechanism for Flexibility and Stabilization of Employment.

The objective of the royal decree is to develop article 47 bis of the Workers' Statute, which deals with the RED Mechanism for Flexibility and Employment Stabilization. This mechanism allows companies to request measures such as reduction of working hours and suspension of employment contracts.

This instrument has been designed to preserve employment in situations of cyclical or sectoral crises. It is consolidated as a structural tool that replaces the temporary employment regulation files (ERTE), which demonstrated their effectiveness during


Jurisdicción
España
BOE-A-2023-16158

The Supreme Court accepts as evidence the recording of a domestic worker trying to open the safe of the home where she worked.

This ruling from the Supreme Court with appeal number 701/2021 analyzes the case of the dismissal of a domestic worker who is suspected of having stolen €30,000 and various jewelry from the home where she worked.

The employers realized that the double bottom where the safe was located was open, verifying that €30,000 was missing. The employer's husband checked the house and found that several pieces of jewelry had also been stolen.

He filed a complaint with the police station


Jurisdicción
Nº de recurso
701/2021
España
Fecha
July 22, 2022
STS_3160_2022

Legislative initiatives expired after the dissolution of the Cortes Generales

As a consequence of the dissolution of the Cortes Generales, 104 parliamentary initiatives and regulatory procedures that had been initiated in Parliament have expired.

This expiration also affects bills coming from Royal Decree-Laws that came into force upon being approved by the Government, which will not see their parliamentary processing reactivated with the opening of the amendment phase of these legislative initiatives, without prejudice to the fact that the provisions of the corresponding Royal Decree-Laws for each of them are


Jurisdicción
España

Royal Decree-Law 5/2023, of June 28, by which certain measures are adopted and extended in response to the economic and social consequences of the War in Ukraine, to support the reconstruction of the island of La Palma and other situations...

This extensive regulation pursues various objectives, highlighting the transposition of European Union directives on structural modifications of commercial companies and in the field of reconciling family life and the professional life of parents or caregivers. It also adapts the legal regime for leasing services of passenger vehicles with drivers, among others.

The main novelties of this Royal Decree-Law 5/20223 of June 28, together with the rectification of errors published on July 1, 2023, which came into force on June 30


Jurisdicción
España
Fecha
June 28, 2023
RDL 5/2023, de 28 de junio, por el que se adoptan y prorrogan determinadas medidas de respuesta a las consecuencias económicas

The administration must take into account the circumstances of unemployment applicants if they do not have access to electronic means to request an appointment.

In this ruling from the Social Chamber of the Superior Court of Justice of Catalonia with appeal number 5720/2022, the case of a person who tries to access the unemployment benefit after leaving prison.

The applicant has a disability level of 80%, which has led her mother to be in charge of managing the subsidy application. After numerous telephone contact attempts to obtain a prior appointment, it was not possible.

Both demonstrate the lack of resources and knowledge to make


Jurisdicción
Nº de recurso
5720/2022
España
Fecha
February 9, 2023
STSJ_CAT_1698_2023

The non-appearance of the company at the trial does not necessarily force the judicial body to classify as inadmissible the termination of the employment contract due to cessation of activity, dissolution and business liquidation.

Supreme Court ruling with appeal number 2154/2022.

The question raised by this appeal for the unification of doctrine is whether the failure of the company to appear at the trial necessarily leads to having to classify as inadmissible the termination of the employment contract due to cessation of activity, dissolution and business liquidation.

We are faced with a worker who provided services for a nursery school since August 2008 with the category of educator I.

It was affected by a


Jurisdicción
Nº de recurso
2154/2022
España
Fecha
May 18, 2023
STS_2236_2023

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