The newspaper Expansión has compiled for its subscribers a compilation of the main rulings in the labor field in 2023. A year marked by a large volume of rulings in the social area, with resolutions that have drawn attention to the contracts of permanent discontinuous, dismissals on unfairness and compensation above the established, changes in working conditions etc.. All of them have been of great analysis in the field of labor law in our country.
In this list of judgments of 2023 collected by the economic newspaper, Juan Antonio Linares, labor lawyer and partner in the labor area, selects six relevant judgments as the most striking of the year 2023.
One of the most controversial has been the termination of contracts by mutual agreement at the initiative of the employer, which must be computed for the purposes of collective dismissal. Our expert comments "The Supreme Court understands that, in accordance with the purpose of Article 51 of the Workers' Statute, terminations produced at the initiative of the employer - terminations by mutual agreement with the employee - are to be counted for the purpose of determining whether the company has carried out a collective dismissal".Thus, terminations by mutual agreement that have occurred in the reference period must be counted when they have occurred at the initiative of the employer in the context of a reduction in the workforce, even if the will of the employer and the employee have converged.
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