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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 Superior Court of Justice of the Balearic Islands considers that a myocardial infarction suffered by a cook after consuming cocaine is not a work accident

The worker provided his services as a cook in a hotel company in Mallorca. In March 2018, he suffered an acute myocardial infarction due to vasospasm with out-of-hospital cardiorespiratory arrest and resuscitation.

When he was admitted to the hospital, they performed various tests, reflecting a positive result for cocaine.

As a result of the heart attack, an absolute permanent disability derived from a common illness was recognized. The worker, not satisfied with the contingency determination made, filed an appeal to


Jurisdicción
Nº de recurso
250/2022
España
Fecha
November 2, 2022
STSJ_BAL_1281_2022

Royal Decree-Law 1/2023, of January 10, on urgent measures regarding incentives for job hiring and improvement of social protection for artists

On January 10, 2023, Royal Decree-Law 1/2023, of January 10, on urgent measures regarding incentives for job hiring and improving the social protection of artists, was published.

This royal decree-law is structured into an expository part and a operative part, made up of forty-two articles, distributed in three chapters, and which includes the new regulation regarding incentives for labor hiring. Likewise, seventeen additional provisions, four transitional provisions, a single repealing provision and thirteen final provisions are included. Its purpose is


Jurisdicción
España
BOE-A-2023-625

On January 5, 2023, Royal Decree 1060/2022, of December 27, was published, which modifies Royal Decree 625/2014, of July 18, which regulates certain aspects of the management and control of IT processes.

The main modifications introduced are the following:

  • The copy of the medical reports intended for companies is eliminated and, therefore, the obligation that workers had until now to, within a period of 3 days, have to present the reports to their company (or mutual company, if the employment relationship has ceased) is also eliminated. From now on, the INSS will be the one to send this information to companies, without the need to use the worker as an intermediary. (Modification

Jurisdicción
España
Fecha
December 27, 2022
BOE-A-2014-7684-consolidado

Organic Law 14/2022, of December 22, on the transposition of European directives and other provisions for the adaptation of criminal legislation to the regulations of the European Union, and reform of crimes against moral integrity, public disorder

Last Friday, December 24, the BOE published Organic Law 14/2022, of December 22, transposing European directives and other provisions for the adaptation of criminal legislation to the regulations of the European Union, and reform of crimes against moral integrity, public disorder and dual-use weapons smuggling.

This organic law consists of two articles, three transitional provisions and six final provisions.

He first article modifies Organic Law 10/1995, of November 23, of the Penal Code, with several sections on different subjects, but


Jurisdicción
España
BOE-A-2022-21800-consolidado

Security guard loses his license after being convicted of an intentional crime outside the place and hours of work

The Social Chamber of the Supreme Court rules in this ruling of November 2, 2022 (rec. 2513/2021) that the disciplinary dismissal of a security guard who committed an intentional crime when he was not performing the functions of his job is appropriate, but which led him to lose his qualification as a security guard.  

Through a Resolution of the Director General of the Police, it was agreed to extinguish the security guard's qualification, so it is understood that he


Jurisdicción
Nº de recurso
2513/2021
España
Fecha
November 2, 2022
STS_4088_2022

The Constitutional Court considers that it is legal to present as evidence the recording that confirms the violation of a dismissed worker

This issue is being controversial, to say the least, since there has been a lot of debate between rulings from different courts as to whether using the recordings obtained by a security camera to prove the irregularities of the workers was legal or not.

We delve into this new sentence. On June 21, 2019, the company notified one of its workers of disciplinary dismissal due to the delivery of some products owned by the company to a third party who


Jurisdicción
Nº de recurso
7211/2021
España
Fecha
September 29, 2022
BOE-A-2022-17975

Increase in the percentage of the orphan's benefit when assimilating to absolute orphanhood even though the father is still alive.

The question to be decided in this unifying cassation appeal is to determine whether it is appropriate to increase the percentage of the orphan's benefit to a beneficiary who is an orphan of a mother, whose father has been deprived of parental authority for not having been interested in or covering the needs of the daughter for approximately nine years, and who does not receive a widow's pension.

The plaintiff's guardian requested an increase in the orphan's pension due to


Jurisdicción
Nº de recurso
475/2019
España
Fecha
September 7, 2022
STS_3490_2022

Is it possible to fire a worker for poor performance after a temporary disability?

We are faced with a dispute between an employee and the company where she worked. In it, the Superior Court of Justice of Madrid declares the null dismissal of the worker motivated by discrimination based on sex in which compensation for moral damages is requested.

The worker had been on sick leave due to temporary disability from November 2019 to July 2020. At the time the worker received the medical discharge, she notified her return to work in teleworking mode


Jurisdicción
Nº de recurso
560/2022
España
Fecha
October 28, 2022
STSJ_M_8942_2022_DESPIDO NULO. DISCRIMINACIÓN POR RAZON DE SEXO

What happens when a car hits a cyclist in a pedestrian crossing?

We are faced with a ruling handed down by the Provincial Court of Barcelona that partially upholds the appeal filed against the ruling of the Court of First Instance No. 1 of Barcelona, ​​appeal number 140/2021.

The litigation began as a result of an accident; the vehicle involved was stopped waiting for a pedestrian to cross the corresponding crossing, when the vehicle initially collided with a bicycle that was crossing the crossing.

In this case, the driver of the bicycle


Jurisdicción
Nº de recurso
140/2021
Provincia
Barcelona
Fecha
April 5, 2022
SAP_B_4233_2022_Bicicleta vs vehículo

The Supreme Court rules that the dismissal of a worker is inadmissible when the dismissal letter does not specify the circumstances that motivated the dismissal.

The Social Chamber of the Supreme Court has declared the finality of the ruling of the Social Court No. 1 of Palencia in which the dismissal of a worker who was given a dismissal letter that did not specify the dates and times in which the events that motivated the sanction were committed was declared inadmissible.

Article 55 of the Workers' Statute is what determines the form and effects of disciplinary dismissal. Point 1 states, “The dismissal must be notified


Jurisdicción
Nº de recurso
1454/2021
España
Fecha
October 19, 2021
STSJ_CL_3726_2021

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