The email sent to the company by the worker's lawyer interrupts the prescription regarding remuneration
We analyze the Supreme Court Ruling number 747/2023, issued on October 17, 2023, which addresses the question of whether the sending of emails by a worker's lawyer, accompanied by telephone conversations, is sufficient to interrupt the prescription of salary arrears claimed from the company.
The Fourth Chamber of the Supreme Court establishes that the email sent by the lawyer is valid to interrupt the prescription in matters of remuneration, even if the cause and amount of the claim is not precisely detailed.
Relevant facts include the termination of the employment contract in May 2018, the lawyer sending an email in January 2019 informing about delays, the company's response in February, and the presentation of a conciliation slip in October 2019.
The Badajoz Social Court rejects the claim due to prescription, but the Judgment of the Superior Court of Justice of Extremadura partially upholds the appeal, considering that the lawyer's emails interrupted the prescription for amounts accrued after January 2019.
In the appeal for the unification of doctrine, the company argues that the action was time-barred when the worker exercised her claim. The Supreme Court, after reviewing the doctrine on prescription, unifies criteria and establishes that the lawyer's email is sufficient to interrupt the prescription in matters of remuneration. In addition, it points out that the company must demonstrate payment of the amounts accrued, restarting the annual period and leaving any possible discrepancies pending.
Failed:Dismiss the appeal for unification of doctrine filed by the company.
Confirm and declare final the ruling issued by the Social Chamber of the Superior Court of Justice regarding the claim for the amount.
