January 2019





1. The absence-of-debts certificate ISSUED BY the National treasury does not exonerate deferred debt

The Supreme Court imposed joint-and-several liability for social security debts on a company acquiring an autonomous production unit in insolvency proceedings despite the company having obtained an absence-of-debts certificate from the National Treasury.

2. Dismissal of an employee based on WORK absences resulting from her ATTENDING city council MEETINGS IN which she participated as a municipal councillor

The Constitutional Court has held that an employee’s absences from her post due to her attending city council meetings in which she participated as a municipal councillor should not be included in the calculation for the purposes of objective dismissal.

3. Permanence guarantee granted in a collective bargaining agreement to union representatives in collective dismissals

The Constitutional Court has held that collective bargaining agreements are suitable mechanisms for extending the legal-permanence guarantee of union representatives in cases of collective dismissals.

4. Non-criminality of workplace harassment by subordinates

The Criminal Chamber of the Supreme Court has analysed the crime of workplace harassment and has held that hierarchical superiority is required in the victim-aggressor relationship, with the sole exception of an aggressor acting in collusion with a hierarchical superior vis-à-vis the affected worker.

5. LIABILITY for severance payments of workers whose contracts were terminated Prior to the insolvency adjudication

The Supreme Court has found an acquiring company jointly and severally liable for amounts owed to the workers of the transferred entity whose contracts had been terminated prior to the insolvency adjudication.



In case of any doubts or comments, please do not hesitate to contact


Mario Barros


Juan Reyes


Jorge Gorostegui


Raúl Boo


The information contained in this Newsletter is of a general nature and does not constitute legal advice