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The Supreme Court and the High Courts of Justice have established relevant criteria on public holidays and breaks, bonuses and temporary disability, changes to collective bargaining agreements, paid leave and limits on harassment at work.
A new scenario that requires companies to anticipate, adjust internal policies and reinforce legal certainty.
Compensation obligation.
Recent case law has consolidated that public holidays and weekly rest are distinct rights and cannot overlap.
When a public holiday coincides with the rest day, it is not considered to have been taken and the company must compensate for it in order to guarantee its effective enjoyment.
This obligation is applicable to all types of working hours and shift systems, whether by means of an additional day off or financial compensation, thus preventing public holidays from "disappearing" from the working calendar.
Limits to discounting and risk of discrimination - STS 159/2026.
The Supreme Court clarifies the limits for reducing or excluding the bonus during temporary incapacity, pointing out that there is no automatic right to receive it during medical leave.
The validity of the reduction depends on the design of the incentive system: it is lawful when the bonus is linked to individual objectives or to the time actually worked and is clearly foreseen, but it may be discriminatory if it is applied automatically or unjustifiably, especially when the illness penalises collective results or results unrelated to individual performance.
STS 1244/2025.
The Supreme Court confirms that the Substantial Modification of Working Conditions consisting of changing the applicable collective agreement is valid when there are organisational and productive causes and the process is negotiated in good faith.
Moreover, it recalls that the applicable agreement is an unavailable matter, determined by the actual activity of the company, so it cannot be freely chosen if it does not fit in with that activity.
The High Court of Justice of Madrid rules out the existence of harassment at work when repeated and serious harassment is not accredited, differentiating it from a situation of labour conflict or professional stress.
The ruling confirms that, in the absence of conclusive evidence and with reports such as that of the Labour Inspectorate ruling out harassment, there is no violation of fundamental rights, validating the judicial and company actions.
The Supreme Court upholds the lawfulness of the corporate measure.
The Supreme Court confirms that the elimination of the additional days for travel in hospitalisation leave is lawful when it derives directly from a mandatory legal reform.
The adaptation to Royal Decree-Law 5/2023 does not constitute a substantial modification of working conditions, as the new regime extends and improves the right, without reducing guarantees or requiring the opening of a consultation period.
Every organisation is different. We analyse the real impact of the latest employment developments and help you make decisions with legal certainty.