JUDGMENTS OF INTEREST IN THE LABOR FIELD

See some interesting rulings that have appeared in recent weeks regarding labor matters.

Different activities and applicable agreement

To determine the applicable collective agreement in companies with differentiated activities, the predominant activity must be identified, taking into account the stability and permanence of each activity, beyond the number of workers or temporary economic results.

In the absence of a clear predominant activity, several collective bargaining agreements may apply depending on the employees’ roles. For example, in one specific case, it was ruled that a company with stable commercial activities and variable projects should be governed by multiple agreements, given that the commercial activity was the main and permanent one, but there were several employees working on projects for different activities. The Supreme Court [TS 24-06-2025] concluded that the plurality of agreements applied in that case was appropriate for the company’s functional organization.

Salary information to the Workers’ Representatives

The National Court [AN 23-07-2025] has ruled that the company is not obligated to provide individual salary information to employee representatives. The legal representatives of the workers are entitled to receive information on the total payroll broken down by professional group and gender, and this is sufficient. There is no regulation that obliges the company to provide them with individualized salary data.

Furthermore, current data protection regulations do not allow the disclosure of a person’s remuneration to third parties.

It is true that the Workers’ Representatives have the right to receive the basic copy of the contracts, but it can simply state that the worker will receive the salary “according to the agreement”, without indicating the actual specific amount.

IT supplement: duration

The courts [AN 26-06-2025] have established that, in the case of a collective agreement that sets a supplement for the temporary incapacity (TI) benefit without specifying a clear time limit, said compensation must be maintained while the TI situation persists, even during extraordinary extensions that exceed 545 days.

According to the provisions of that agreement, in that case the company was obligated to guarantee the continuous payment of the sick leave supplement and to contribute to Social Security considering this supplement from the first day, since no specific end date was mentioned, nor what would happen if the sick leave lasted more than 545 days. In conclusion, unless the agreement states otherwise, the payment of the supplement must be maintained throughout the entire sick leave period, including any extraordinary extensions