Supreme Court Labor Law Case Law 2025: Dismissal, Furloughs, and Remote Work
The most important Social Chamber rulings in 2025: void and unfair dismissal, post-covid furloughs, remote work, minimum wage, and pay discrimination.
STS Social Chamber, Disciplinary dismissal: proportionality and sanction grading doctrine 2024
The Spanish Supreme Court Social Chamber consolidated in 2023-2024 demanding doctrine on proportionality of disciplinary dismissal. We analyse sanction grading criteria, null dismissal for violation of fundamental rights and the "disciplinary record" doctrine.
Table of contents
Legal framework: disciplinary dismissal in the ET
Disciplinary dismissal is regulated in Arts. 54-55 of the Workers' Statute (ET). For it to be fair it requires:
- A ground listed in Art. 54 ET (serious and culpable breach by the worker).
- Written form with communication to the worker (Art. 55.1 ET).
- Proportionality between the misconduct and the sanction.
Key Supreme Court rulings (2023-2024)
STS 45/2024: Proportionality requires a global assessment of: objective gravity of the conduct, subjective culpability, surrounding circumstances, and the worker's disciplinary record.
STS 312/2023: Gradualist theory: For isolated misconduct with no prior disciplinary record, dismissal may be disproportionate and declared unfair.
STS 567/2024: Null dismissal: Dismissal is null (not merely unfair) when the real cause is retaliation for exercising a fundamental right (strike, union activity, sick leave, pregnancy, whistleblowing). Burden of proof partially reverses once the worker provides sufficient indicative evidence.
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Economic dismissal: 2024 Supreme Court doctrine on Art. 52.c ET and ERTEs
2024 Supreme Court (Social Chamber) doctrine on economic dismissal under Art. 52.c ET: negative economic situation, three consecutive quarters (STS 567/2024), ERTE interaction and employment commitment (STS 789/2024).
Online Fraud Spain 2026: How to Report and Recover Money (Art. 248 CP)
Guide to cybercrime fraud (Art. 248.2 CP): key elements, how to file a police report, bank liability for phishing, claim before Banco de España, timelines. Updated with 2024-2025 case law.