January inaugurates 2026 with key judicial criteria that fully impact on labour management, refining the application of the disciplinary regime, the interpretation of paid leave, the control of absenteeism and the limits of outsourcing of services, with direct effects on internal policies, incentives and contractual relations.
January under the spotlight
Normative and jurisprudential keys to begin the year
January 2026 kicks off with relevant judicial pronouncements and reinforced criteria in labour matters, which have a direct impact on internal discipline, leave, absenteeism and the organisation of labour relations.
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Calculation of the "month" for absenteeism as grounds for disciplinary dismissal - STS 6043/2025
The Supreme Court ruling of 19 December 2025 confirms that the counting of unjustified absences for disciplinary dismissal must be done in periods of thirty days from the first absence.
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Interpretation of hospitalisation leave and force majeure leave
The Supreme Court of Catalonia clarifies that leave due to force majeure can be taken even before the start of the working day, if the need arises unexpectedly.
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Strengthening the control over contracts and illegal assignment: the power of direction as a key element after the STS 27/11/2025 (Omnitel case)
The royal decree comes into force on 17 December 2025 and confirms that fraudulent use or non-compliance with training may result in the conversion of the contract into an indefinite contract.
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Clauses to encourage attendance at work and their limits
The Supreme Court and the Audiencia Nacional delimit the limits of anti-absenteeism incentives, recalling that penalising protected absences may constitute direct or indirect discrimination under Law 15/2022.
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The imposition of penalties below the seriousness of the misconduct
The STS of 10 June 2025 confirms that the employer can modulate the disciplinary sanction "downwards" in accordance with the gradualist theory, without violating the principle of legality of sanctions.
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In this section we compile all the newsletters from the Labour and Employment area, with clear and practical analyses of the latest rulings, regulatory reforms and trends that are transforming labour relations.
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