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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 Valencia endorses the dismissal of an employee who took advantage of her medical leave to promote herself on social networks

The worker who claimed incapacity for her usual job exhibited an active life on Instagram, incompatible with her employment situation.

The appeal is resolved (nº3317/2023), filed against the ruling of the Social Court No. 14 of Valencia, (orders 67/2023).The question to be resolved It is whether there has been a serious and culpable breach of labor that could justify disciplinary dismissal.

The worker, Ms. Encarnación, had been providing services since June 16, 2008 as an administrator in a company


Jurisdicción
Nº de recurso
3317/2023
España
Fecha
April 11, 2024
STSJ_CV_1555_2024.pdf

The TSJ of Galicia rules out the existence of harassment reported by a worker after a work accident caused by his boss

The worker cannot prove systematic abusive behavior on the part of the company

The appeal No. 2120/2024 is resolved, filed against the ruling issued by the Social Court No. 4 of Lugo, on February 21, 2024, of procedure No. 616/2023, dismissal/termination in general.

Mr. Bernardo, worked as a kitchen assistant in a restaurant and had an indefinite part-time contract. He suffered a work accident on December 27, 2023, when his boss went to grab some dishes from the cupboards and


Jurisdicción
Nº de recurso
2506/2024
España
Fecha
May 28, 2024
STSJ_AND_1945_2024.PDF

The TSJ of Andalusia dismisses the appeal to cover the cost of glasses for workers who use display screens

The ruling indicates that the reimbursement of glasses should be treated individually, not as a collective dispute.

It resolves the appeal(nº 583/2024) filed by a Union of Municipal Employees on the ruling of November 10, 2023, issued by the Social Court No. 14 of Seville (orders 283/23), which requested reimbursement of the cost of glasses for municipal employees who use display screens in their work. The lawsuit regarding a collective dispute was filed against a City Council and the


Jurisdicción
Nº de recurso
583/2024
España
Fecha
March 20, 2024
STSJ_AND_1945_2024.pdf

The Supreme Court endorses the generic justification for the use of union hours

The company has the right to control the use of hourly credit without this constituting a violation, according to the ruling that defines the scope of business control over union hours.

It resolves the cassation appeal for the unification of doctrine on the Protection of Fundamental Rights, filed by a company against the ruling handed down by the Social Chamber of the Superior Court of Justice (TSJ) of Galicia on December 7, 2020 (recourse for supplication no. 3405/2020), in turn


Jurisdicción
Nº de recurso
472/2021
España
Fecha
June 11, 2024
STS_3454_2024.pdf

THE TSJ of Catalonia confirms the annulment of the dismissal of a worker who does not pass the trial period after suffering a work accident

The Court debates the existence of discrimination, the employee provided services for a delivery company through a temporary employment agency (ETT).

The defendant company filed an appeal against the Judgment of the Social Court No. 2 of Gerona, issued on June 23, 2023 regarding dismissal (orders No. 916/2022), being appealed by the worker and FOGASA.

The worker,D. Onesimus, provided services for the defendant company under a Discontinuous fixed contract from September 5, 2022, with the professional category


Jurisdicción
Nº de recurso
6523/2023
España
Fecha
April 24, 2024
STSJ_CAT_3631_2024.pdf

The Supreme Court resolves controversy over the payment of food checks in teleworking situations

The union defends that they should be considered as salary receipt in kind.

An appeal was filed against ruling No. 117/2021 issued by the Social Chamber of the National Court on May 24, in proceedings No. 419/2020.

In the lawsuit, the recognition of several rights for teleworking workers was requested, all with retroactive effect to March 11, 2020:

  • C Compensation for expenses: Coverage of internet connection costs, ADSL line and energy supplies to maintain an adequate temperature in the home

Jurisdicción
Nº de recurso
271/2021
España
Fecha
March 19, 2024
STS_1707/2024.pdf

The Social Court No. 2 of Salamanca resolves dismissal for poor performance

The company did not provide the reasons for the dismissal of a worker who was going to be a father.

The worker, Miguel, filed a lawsuit for dismissal against the company for which he had worked since December 6, 2022, in the category of laborer (Case No. 521/2023 Social Court No. 2 of Salamanca).

He June 9, 2023, the company notified him of the dismissal. In the dismissal letter, the company alleged a continuous and voluntary decrease in your


Jurisdicción
Nº de recurso
521/2023
España
Fecha
August 25, 2023
SJSO_4293_2023.pdf

The TSJ of the Basque Country confirms the right to receive additional compensation for unfair dismissal

The Court considers the legal compensation for dismissal insufficient.

It is resolved Appeal filed by the company against ruling no. 142/2023 of the Single Social Court of Éibar, dated 11/28/2023, orders 299/2023, complaint regarding dismissal.

The worker provided services for a company with indefinite contract and seniority since March 1, 2021.Participated in a selection process convened by a City Council,being included in the job pool. On March 9, 2023,The City Council contacted by telephone with him


Jurisdicción
Nº de recurso
502/2024
España
Fecha
April 23, 2024
STSJ_PV_75_2024.pdf

The TSJ of Galicia rules on the right to digital disconnection and data protection of a worker

The company sends emails and messages outside of established working hours, although without requesting an immediate response.

The appeal 5647/2023, filed by the legal representation of the worker, Mr. Valeriano, against sentence No. 357/23 issued by the Social Court No. 4 of Vigo is resolved,procedure for recognition of rights and protection of fundamental rights (privacy and data protection), cars no. 517/23.

Mr. Valeriano, served as a security guard He demanded that the company recognize his right to digital


Jurisdicción
Nº de recurso
5647/2023
España
Fecha
March 4, 2024
STJ_GAL_1944_2024_0.pdf

The TSJ of Madrid addresses controversy over limits on adapting working hours for family reasons

It is not an absolute and automatic right

The appeal No. 994/2023 filed by the plaintiff against the ruling of the Social Court No. 4 of Madrid, dated September 4, 2023, orders No. 478/2023, is resolved.

The worker provided services such as multipurpose cashier with a weekly shift of 30 hours and has a daughter born in 2019,enrolled in a course during 9:00 a 14:00 hours. The minor's father works during Monday to Sunday, from 8:30 a.m. to


Jurisdicción
Nº de recurso
994/2023
España
Fecha
February 9, 2024
STSJ_M_.1310_2024_0.pdf

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