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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

Case before the TSJ of Catalonia: business restructuring with interference in the privacy of an employee

Investigating the personal affairs of workers in reorganization processes can generate a violation of the fundamental right to privacy, with legal consequences for the company and those directly responsible.

The appeal No. 3094/2024 filed by the worker against the ruling handed down by the Social Court No. 8 of Barcelona (orders 527/2023) regarding the protection of fundamental rights is resolved.

The worker provided services as coordinator of the selection center in Spain of a company dedicated to the food sector


Jurisdicción
Nº de recurso
3094/2024
España
Fecha
October 10, 2024
STSJ_CAT_7373_2025.pdf

Dismissal for poor performance of a pregnant teleoperator: The TSJ of Catalonia confirms the origin

The Court rules out the automatic nullity of article 55.5 ET and applies the legal exception, as there is an objective cause. The company was not aware of the pregnancy.

The Social Chamber of the Superior Court of Justice of Catalonia resolves the appeal no. 5782/2024 filed by the plaintiff against the ruling handed down on May 15, 2024 by the Social Court no. 13 of Barcelona, ​​in a dismissal procedure and claim for damages for violation of fundamental rights


Jurisdicción
Nº de recurso
5782/2024
España
Fecha
May 12, 2025
STSJ_CAT_2850_2025.pdf

Can a worker be disciplined for playing sports or helping to move a barrel while on medical leave? Unfair dismissal

The TSJ of Valencia clarifies that these behaviors do not constitute fraud or disloyalty and recalls the limits of the appeal in the review of proven facts and the impossibility of reopening the evaluation of the trial evidence.

The appeal filed by the company is resolved against the ruling of December 12, 2024 of the Social Court No. 16 of Valencia (orders 882/23) on dismissal.

The worker was providing services as a shift manager in a restaurant since July 21


Jurisdicción
Nº de recurso
609/2025
España
Fecha
June 12, 2025
STSJ_CV_1390_2025.pdf

Does the reduction of working hours for caring for a child under 12 years of age affect the shift bonus?

The ruling of the Supreme Court clarifies that the supplements linked to the hardship of shift work are paid in full, also applying gender equality criteria.

The ruling analyzes which supplements are affected by a reduction in working hours for legal guardianship.

It is resolved appeal for unification of doctrine filed by the company against ruling 1027/2023, of the TSJ of Madrid, issued on November 22, 2023, formulated against the ruling of JS no. 17 of Madrid (orders 322/2024).

Marisol


Jurisdicción
Nº de recurso
1019/2024
España
Fecha
July 2, 2025
STS_3343_2025.pdf

Not every transfer is a substantial modification: The TSJ of Galicia clarifies the limits of business power

The Court rules out retaliation or discrimination and remembers that corporate ius variandi protects changes in workplace when they do not alter essential elements of the employment relationship. 

The appeal 614/2025 against the ruling of the Social Court No. 5 of La Coruña, procedure 722/2024 for substantial modification of working conditions, is resolved. 

The worker is security guard who worked in the "acudas" service.  The company you transfer to another work center(the old prison of A Coruña), where


Jurisdicción
Nº de recurso
614/2025
España
Fecha
May 19, 2025
STSJ_GAL_3933_2025.pdf

Vacations and digital disconnection: Can the voluntary availability of the worker exempt the company from responsibilities?

The TSJ of Aragón rejects the compensated termination of the contract because there was no serious breach attributable to the employer in accordance with article 50 of the Workers' Statute. The violation of the right to digital disconnection lacks sufficient significance as it occurred with the tacit consent of the worker.

The appeal number 254/2025, presented by the plaintiff against the ruling issued by the Social Court of Huesca on December 19, 2024 with the intervention of the Public Prosecutor's


Jurisdicción
Nº de recurso
254/2025
España
Fecha
May 12, 2025
STSJ_AR_788_2025.pdf

Is a sanction without a specific effective date valid? Can a company freely decide when a disciplinary sanction begins?

The Supreme Court has confirmed the nullity of a 60-day suspension of employment and salary for violating the formal requirements of article 58.2 ET, by not setting an objective date for its compliance.

This ruling resolves the appeal for the unification of doctrinefiled against the ruling of March 20, 2023, issued by the Social Chamber of the Superior Court of Justice of Catalonia, in the appeal no. workers.

The case concerns a clinic worker who, on November 30, 2020


Jurisdicción
Nº de recurso
3357/2023
España
Fecha
June 11, 2025
STS_2827_2025.pdf

Is the use of detectives valid as evidence in the disciplinary dismissal of a personnel representative? Does it imply a violation of the worker's right to freedom of association?

The company alleges that the investigation and monitoring of the plaintiff by detectives was commissioned due to well-founded suspicions of improper use of union credit.

The appeal for the unification of doctrine filed by the defendant company against ruling No. 125/2024, issued on January 16 by the Social Chamber of the TSJ of the Basque Country (rec. supplication 2195/2023), is resolved. This ruling confirmed that of JS No. 3 of Vitoria-Gasteiz dated September 15 (orders 240/2023), which resolved the lawsuit


Jurisdicción
Nº de recurso
2121/2024
España
Fecha
May 7, 2025
STS_1994_2025.pdf

The TSJ of Galicia endorses the dismissal due to sudden ineptitude of a home assistant with cardiac pathology: How far does the duty to adapt the position go?

The right to reasonable adjustments is not absolute: the Court draws the line between disability protection and business viability. The worker's physical limitations made it impossible for her to remain without seriously altering the organization.

The appeal 5121/2024 raised by both parties (worker and company) is resolved in relation to the dismissal procedure processed by the Social Court No. 2 of Ferrol (records 874/2023).

The worker, a home help assistant, was on medical leave from September 2022 to July 2023


Jurisdicción
Nº de recurso
5121/2024
España
Fecha
January 21, 2025
STSJ_GAL_456_2025.pdf

Is effective work time dedicated to commuting at the beginning and end of the day?

The Supreme Court sets criteria on working time: the return journey from the last client does not count as a working day. There is no business control or obligations during the trip, so the general rule of article 34.5 of the Workers' Statute is applied, which requires being at the job to start or end the day.

The ordinary appeal filed by the company against the ruling handed down by the Social Chamber of the National Court is resolved (nª


Jurisdicción
Nº de recurso
323/2025
España
Fecha
April 21, 2025
STS_1914_2025.pdf

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