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.
# Supreme Court Labor Law Case Law 2025: Dismissal, Furloughs, and Remote Work
The Social Chamber of the Supreme Court unifies labor law doctrine in Spain. In 2025, the most active areas have been dismissal (void vs. unfair), pandemic furlough liquidation, remote work, and pay discrimination.
1. Void vs. Unfair Dismissal: Expanding Void Status
Law 15/2022 on equal treatment expanded the catalogue of protected situations. In 2025, the TS has declared void dismissals related to:
- Illness (with or without sick leave): void if indicators of health-based discrimination, even without knowing the diagnosis
- Undisclosed pregnancy: void even if employer was unaware, unless valid objective cause is proven
- Gender-based violence: void during schedule adaptation period without needing to prove causal link
Strategy: accumulate void claim with subsidiary unfair dismissal. For employers: proving valid objective cause unrelated to protected circumstances is the only effective defense.
2. Pandemic Furloughs: Final Liquidation
COVID ERTEs (2020-2022) continue generating 2025 litigation:
- Seniority during ERTE: COVID ERTE time counts for seniority and severance calculation
- Unemployment benefits: depends on termination timing relative to ERTE end date
- Employment maintenance clause violations: generate qualified unfair dismissal, not void, unless independent void cause exists
3. Remote Work: Post-Pandemic Consolidation
Key TS criteria in 2025:
- Reversal of remote work outside Law 10/2021 scope: employer can reverse with reasonable notice without substantial modification procedure
- Reversal of agreement under Law 10/2021: requires Art. 41 ET procedure with timeframes and guarantees
- Unpaid remote work expenses: generate salary claim rights, not just compensation
4. Minimum Wage 2025
SMI reached 1,184 EUR/month in 2025. The TS has reiterated that absorbable supplements can offset SMI increases when the collective agreement expressly permits it. Non-salary supplements (transport) do not count toward SMI compliance; functional supplements (night shift, hazardous) count with nuances.
5. Pay Discrimination: Equal Value and Pay Gap
EU Directive 2023/970 on pay transparency has influenced 2025 case law. The TS has reinforced burden of proof reversal: worker provides indicators; company proves objective, justified, non-discriminatory criteria. Equal value does not require identical functions, but equivalence in training, responsibility, effort, and conditions.
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