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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

Order ISM/450/2023, of May 4, which updates the flat-rate amounts of compensation for permanent and non-disabling injuries, mutilations and deformities

The amounts of compensation for injuries, mutilations and deformities of a permanent and non-disabling nature, caused by work accidents or occupational diseases, regulated in article 201 of the consolidated text of the General Law of Social Security, approved by Royal Legislative Decree 8/2015, of October 30, are set at the amounts determined in the annex. Order ESS/66/2013, of January 28, which updates the flat-rate amounts of compensation for permanent and non-disabling injuries, mutilations and deformities, is repealed. This order will


Jurisdicción
España
Fecha
May 4, 2023
BOE-A-2023-10874

A fall in a hotel shower when the worker is traveling for work is not always a work-related accident.

According to the Supreme Court ruling 278/2023 of April 18, 2023, a fall in a hotel shower during a work trip can be considered a work accident.

This ruling revokes the decisions taken in the first and second instance that considered the opposite.

The case in question occurs when a Prematecnia SA worker traveled to Tarragona in June 2018 for work reasons to attend a training seminar. While showering at the hotel to attend the presentation, he slipped and fell


Jurisdicción
Nº de recurso
3119/2020
España
Fecha
April 18, 2023
STS_1650_2023

The compensated termination of the employment relationship provided for in article 50 ET is not possible if the worker goes to another company to work voluntarily.

We review the ruling of the Supreme Court of March 22, 2023 (rcud 1493/2020), in which the appeal filed by a worker who requested the compensated termination of his contract for non-payment of wages is rejected under article 50 of the Workers' Statute.

The worker filed a lawsuit against the company for which he worked for non-payment of salaries corresponding to the months of January to May 2018. And requesting the compensated termination of his contract based on article 50


Jurisdicción
Nº de recurso
1493/2020
España
Fecha
March 22, 2023
STS_1367_2023

The Mutual Fund will reinstate the amount from a temporary disability if the worker receives permanent disability.

The question raised in the appeal for the unification of doctrine focuses on determining whether the Mutual Fund, which has paid the temporary disability subsidy (IT), derived from a common illness, has the right to reimburse what was paid for it in the period in which the effective date of the recognition of the worker's total permanent disability (IPT) occurred.

The Social Chamber of the Supreme Court issued a ruling on March 23, 2023 clarifying that the amount of the


Jurisdicción
Nº de recurso
1025/2020
España
Fecha
March 21, 2023
STS_969_2023

Royal Decree 249/2023, of April 4, which modifies various tax regulations

Royal Decree 249/2023, of April 4, has been published, which modifies the General Regulations for the Development of the General Tax Law regarding administrative review, the General Collection Regulations, the General Regulations for the actions and procedures of tax management and inspection and the development of the common rules for tax application procedures, the Inheritance and Donation Tax Regulations, the VAT Regulations, the Personal Income Tax Regulations and the Regulations of the Corporate Tax.

The basic purpose of this Royal


Jurisdicción
España
Fecha
April 4, 2023
BOE-A-2023-8576

Agreement of March 15, 2023, of the Plenary Session of the Constitutional Court, which regulates the presentation of amparo appeals through its electronic headquarters.

This agreement makes it possible to expedite the processing and resolution of amparo appeals before the Constitutional Court.

The presentation of the claim is regulated through the electronic headquarters of the Court by filling out a form that allows the appellants to clearly and precisely state the violations of fundamental rights, the significance of the appeal and the manner in which the exhaustion of the prior judicial remedy has occurred.

It must be taken into account that the form does


Jurisdicción
España
Fecha
March 15, 2023
BOE-A-2023-7531

What is Whistleblowing? And how to implement the complaints channel in a company.

On February 16, the Congress of Deputies approved the reform of the law regulating the protection of people who report regulatory infractions and the fight against corruption, giving rise to Law 2/2023, of February 20, regulating the protection of people who report regulatory infractions and the fight against corruption.

Whistleblowing in Spanish means person who blows a whistle, this dates back to an ancient practice of British police officers who alerted citizens and other police officers of the possible commission


Jurisdicción
España
Fecha
March 15, 2023
BOE-A-2023-4513-texto consolidado

The Supreme Court confirms the ruling of the TSJ of Madrid in which the dismissal of a worker who suffers from agoraphobia is declared inadmissible

The present dispute originates between a journalist and the media for which he worked. The company proceeded to dismiss the worker alleging unjustified absences from his job. The worker did not notify the company of the reason for the absences.

The worker has suffered from agoraphobia and an unspecified personality disorder for years, supported by different reports from the Madrid Health Service.

Despite having been warned for this, he repeated this behavior and still did not go to work, so


Jurisdicción
Nº de recurso
4033/2021
España
ATS_16848_2022

Royal Decree 99/2023, of February 14, which sets the minimum interprofessional salary for 2023

In compliance with the mandate to the Government to annually set the interprofessional minimum wage, contained in article 27.1 of the consolidated text of the Law on the Statute of Workers, approved by Royal Legislative Decree 2/2015, of October 23, this royal decree proceeds to establish the amounts that must govern from January 1, 2023, both for workers who are permanent and for those who are temporary or temporary. temporary workers, as well as for domestic employees.

This royal decree


Jurisdicción
España
Fecha
February 14, 2023
BOE-A-2023-3982

Agreement for the effective and rapid investigation of crimes against the physical integrity of workers between the different administrations involved

Last Friday, January 27, the resolution of January 20, 2023 was published in the BOE, which includes the Agreement between the General Council of the Judiciary, the Public Prosecutor's Office, the Ministry of the Interior, the Ministry of Justice, and the Ministry of Labor and Social Economy, for the effective and rapid investigation of crimes against the life, health and physical integrity of workers and the execution of convictions, and for raising social awareness of this problem.

With the signing


Jurisdicción
España
Fecha
January 20, 2023
Convenio CGPJ ITSS Fiscalía investigación accidente 2023

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