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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 Supreme Court ratifies the application of the collective agreement agreed in the contract in the absence of another applicable due to the activity

 The worker in Malaga of a Madrid company demanded the application of the Malaga Collective Agreement.

The collective agreement established in the employment contract prevails over other agreements that may apply to the secondary activity of the company, since the main activity is not subsumed within the functional and territorial scope of any collective agreement.

The TS resolves the appeal for unification of doctrine presented by the plaintiff against the ruling of the Social Chamber of the Court of Justice


Jurisdicción
Nº de recurso
2900/2021
España
Fecha
December 21, 2023
STS_5913_2023.pdf

The NATIONAL COURT clarifies the paid nature of the leave due to force majeure of four days per year that is included in article 37.9 of the Workers' Statute

The paid nature of leave for urgent reasons in the event of illness or accident has been established, and is applicable even if it is not regulated by the Collective Agreement or if there is an agreement in this regard with the legal representation of the workers.

The National Court, Social Chamber, resolves the Collective Disputes procedure presented by the Galician Inter-Union Confederation (CIG) to which procedures 325/2023 and 327/2023   initiated by other unions (UGT, TU-SI, CSI-F and CSI) were


Jurisdicción
España
Fecha
February 13, 2024
SAN_19_2024.pdf

The Supreme Court considers the right of the worker to the maternity supplement due to demographic contribution to the retirement pension to be imprescriptible.

The request was made more than five years after the causative event.

The High Court resolves the appeal for the unification of doctrine raised against ruling No. 837/2022 dated 2.12.2022 issued by the Social Chamber of the Superior Court of Justice of Cantabria, which confirms.

The plaintiff requested a retirement pension with the effects of the causative event on 11/30/2016, obtaining a resolution in which said pension was granted. Subsequently, and more than five years after the date of the


Jurisdicción
Nº de recurso
862/2023
España
Fecha
February 21, 2024
STS_1036_2024

The TSJ of La Rioja confirms the inadmissibility of the dismissal as the employee's transgressive and non-compliant conduct was not proven

The TSJ of La Rioja confirms the ruling of the Social Court No. 3 of Logroño dated August 2, 2023 that declared the dismissal of a supermarket worker inadmissible and forces the company to reinstate him with the same conditions he had and pay him the salary he had stopped receiving, or compensate him.

The employee had the category of cashier assistant while also performing the duties of a trusted person of the center manager, and received notification of his


Jurisdicción
Nº de recurso
125/2023
España
Fecha
November 16, 2023
STSJ_LR_387_2023

The Supreme Court declares the inadmissibility of the company's unilateral waiver of the post-contractual non-competition agreement

For the High Court, l The clause that grants power only to the employer is void, forcing the company to compensate the worker.

The Supreme Court resolves the appeal for the unification of doctrine against ruling No. 371/2022 issued by the Social Chamber of the Superior Court of Justice of Madrid, of April 25, which annuls.

The worker voluntarily left the company and the company informed him that it would not make use of the non-competition agreement and, therefore, would


Jurisdicción
Nº de recurso
2261/2022
España
Fecha
January 25, 2024
STS_347_2024

The Supreme Court endorses the withdrawal of the transportation bonus for teleworking workers

The High Court rejects the right of workers who provided night shift services and signed an agreement on teleworking, to receive the transportation bonus established in the collective agreement.

In its ruling, it resolves the appeal against the ruling of September 13, 2021 handed down by the Social Chamber of the National Court, which it confirms. This ruling dismissed the lawsuit in which the right of workers who provided services on the night shift and signed an agreement on teleworking


Jurisdicción
Nº de recurso
344/2021
España
Fecha
January 11, 2024
STS_108_2024

The TSJ of Madrid declares the admissibility of dismissal in case of unfitness and impossibility of relocation by the company

The ruling of the Superior Court of Justice of Madrid 14280/2023 of December 21 upholds the appeal filed by the company against the ruling of the Social Court No. 20 of Madrid that ruled declaring the dismissal inadmissible, and revokes it.

The company and employee appealed against the lower court ruling in which the dismissal was declared inadmissible. In her appeal, the employee requested the annulment of the dismissal because the ruling violated her right to effective judicial protection under


Jurisdicción
Nº de recurso
546/2023
Provincia
Comunidad de Madrid
Fecha
December 21, 2023
STSJ_M_14280_2023

The TSJ of Asturias declares the admissibility of the dismissal for repeated non-compliance with the daily recording of the day

The ruling of the Superior Court of Justice of Asturias 2918/2023 of December 12 resolves the appeal filed against the ruling of the Social Court No. 1 of Gijón of July 12, 2023, whose ruling confirms.

In the lawsuit, the worker appealed against the disciplinary dismissal decided by her company for not recording her day in the application implemented by the company, as well as not reporting daily her activity, both in visits and in obtaining the informed consent of


Jurisdicción
Provincia
Asturias
Fecha
December 12, 2023
STSJ AS 2918/2023

The TSJ of Madrid confirms that it is not possible to unilaterally demand teleworking from the company

It ratifies the ruling handed down in the first instance in which the disciplinary dismissal of a worker who changed her address and demanded teleworking from the company.

The ruling of the Superior Court of Justice of Madrid 149/2024 of January 12 resolves the appeal filed against the ruling of the Social Court No. 14 of Madrid of September 1, 2023, whose ruling confirms.

In the lawsuit, the worker appealed the disciplinary dismissal decided by the company due to her


Jurisdicción
Nº de recurso
736/2023
Provincia
Comunidad de Madrid
Fecha
January 12, 2024
STSJ_M_149_2024

The National Court confirms that the company can force the worker to inform it of their medical leave.

The fact that there is no longer the worker's obligation to submit the sick leave report does not mean that the company cannot force him to notify that he has been given the low.

The Judgment of the National Court 6652/2023 of December 18, 2023 resolves the collective dispute raised by appeal 269/2023, in which it was requested to issue a ruling declaring the cessation of the business practice consisting of the obligation of the worker to notify the company


Jurisdicción
Nº de recurso
269/2023
España
Fecha
December 18, 2023
SAN_6652_2023

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