{"id":16187,"date":"2025-07-24T12:02:39","date_gmt":"2025-07-24T10:02:39","guid":{"rendered":"https:\/\/delaguialuzon.com\/?p=16187"},"modified":"2025-11-21T17:27:11","modified_gmt":"2025-11-21T16:27:11","slug":"unfair-dismissal-compensation","status":"publish","type":"post","link":"https:\/\/delaguialuzon.com\/en\/blog\/unfair-dismissal-compensation\/","title":{"rendered":"The Supreme Court of Spain rules that compensation for unfair dismissal will not be increased by judicial means"},"content":{"rendered":"\t\t
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The Supreme Court of Spain<\/strong> has issued a landmark ruling<\/strong> in labour law<\/a>:<\/p>

Unfair dismissal compensation<\/strong>\u00a0as regulated under Article 56.1<\/a> of the Statute of Workers<\/a>\u00a0cannot be increased by judges<\/strong>, even when considering the particular circumstances of each case.<\/p>

This decision by the high court has a clear objective, <\/strong>which is to strengthen legal certainty<\/strong>, avoiding variable or subjective criteria in each judicial proceeding.<\/p>

Moreover, it aligns with the positions already adopted by other European courts, such as the French Supreme Court<\/strong> and the Italian Constitutional Court.<\/strong><\/p>

These have also upheld the validity of fixed compensation schemes.<\/p>

Does this violate international law?<\/h3>

The Supreme Court responds<\/h4>

The ruling of unfair dismissal compensation<\/strong> also rejects the claim that Spanish legislation on dismissals violates International Conventions<\/strong>, specifically Article 10<\/strong> of ILO Convention No. 158 and Article 24<\/strong> of the Revised European Social Charter<\/a>.<\/p>

The Supreme Court clarifies that, although these international texts refer to the need for \u201cadequate compensation,\u201d they do not impose a specific amount<\/strong> and are not directly applicable<\/strong> within the Spanish legal system.<\/p>

Therefore, they do not create enforceable rights<\/strong> for unfair dismissal compensation<\/strong> directly before the courts, nor do they allow for challenging the sufficiency of the compensation established by law.<\/p>

European Committee of Social Rights: no binding legal effect in Spain<\/h2>

A particularly relevant aspect of this ruling is the Supreme Court\u2019s conclusion<\/strong> regarding the European Committee of Social Rights (ECSR). <\/strong><\/p>

It determined that its decisions are not binding<\/strong>.<\/p>

This statement comes after the ECSR<\/strong> found that Spanish legislation violated the European Social Charter<\/strong> by establishing an unfair dismissal pay<\/strong> limit.\u00a0<\/p>

However, the Supreme Court argues that the ECSR<\/strong> is not a judicial body, and therefore, its decisions do not have the nature of court rulings. <\/strong><\/p>

This differs from\u00a0those of the European Court of Human Rights<\/strong> or the Court of Justice of the European Union<\/strong>.<\/p>

As a result:<\/h3>