Supreme Court ruling on null dismissal due to improper search in the workplace
In the recent Judgment STS 3062/2024, the Supreme Court addresses an issue of great relevance in the field of labor law: the nullity of dismissal in case of search of the worker’s personal belongings without the necessary guarantees. This ruling arises from the disciplinary dismissal of an El Corte Inglés employee, who, after an incident in which the anti-theft alarm went off and her bag was searched without the presence of a workers’ representative during the review of her belongings, was fired after the guard «verified that the plaintiff was carrying merchandise for sale consisting of four items inside her personal bag, without having previously paid for them.»
Context and background of the case
The social court declared the dismissal justified despite not meeting the requirements established in art. 18 of the ET.
The Superior Court of Justice of Andalusia (TSJ) had previously declared the worker’s dismissal null, indicating that the search of her bag without witnesses violated her rights. In response to this situation, the company filed a cassation appeal for the unification of doctrine.
The Supreme Court, in the STS 3062/2024, confirms the nullity ruling, emphasizing that, by not complying with the procedure regulated in Article 18 of the Workers’ Statute (ET), the search is invalid as evidence.
Analysis of the doctrine of the Supreme Court on workplace searches of workers
Article 18 of the ET regulates the conditions under which an employer can carry out searches on the employees’ personal effects, including the presence of a workers’ representative or, failing that, another worker to ensure the objectivity of the evidence.
The article states the following: «Searches of the worker’s person, lockers, and personal effects may only be carried out when necessary for the protection of the company’s assets and those of the other workers, within the workplace and during working hours. The dignity and privacy of the worker shall be fully respected during the search, and a legal representative of the workers or, in the absence of one in the workplace, another worker of the company shall be present whenever possible.»
In this judgment, the Supreme Court reiterates and emphasizes that the failure to meet this requirement leads to the nullity of dismissal in cases where the worker is enjoying a reduced working hours for family care.
This is based on art. 55.1 b) of the E.T., as otherwise the dismissal would have been determined to be unfair.
Consequences for companies and workers
The STS 3062/2024 sets an important precedent for companies in Spain, highlighting the need to comply with legal requirements in the field of workplace searches and the protection of workers’ rights. For workers, this ruling reinforces the importance of their rights against unauthorized searches or those without the guarantees established in labor regulations.
For companies, it serves as a reminder that searches of workers must be carried out for justified reasons and in the presence of a workers’ representative or another colleague. If such a search cannot be done in the presence of a third-party impartial observer, the company will have to justify the valid reasons for not complying with this requirement, with the risk of the dismissal being declared unfair or null if the justification for not respecting the worker’s guarantees cannot be proven.
What can Roji Abogados do for you?
At Roji Abogados, we understand the complexity and importance of labor relations for both workers and companies. Our team of lawyers with extensive experience in labor law and Social Security offer comprehensive advice in situations of dismissal, disciplinary sanctions, labor disputes, and any procedure related to rights and duties in the labor field.
- For workers: We defend your rights, analyzing the circumstances of disciplinary dismissals, especially in cases where fundamental rights, such as the right to privacy, may have been violated. If you suspect that your dismissal is unfair or null, or if there have been improper searches of your belongings without legal guarantees, we review the situation and accompany you in the judicial process to protect your rights and defend your interests in accordance with the law.
- For companies: At Roji Abogados, we work with companies to ensure compliance with labor regulations, avoiding situations that may lead to the nullity of dismissals or conflicts due to disciplinary procedures. We offer preventive advice and provide defense in legal processes, always focusing on a practical and human vision of the relationships between employers and workers.
If you need legal advice or defense in labor law, do not hesitate to contact us. You can do so through the following means:
- contact@rojiabogados.com
- 952 211 011 and 607 202 361
- Send a message to Roji Abogados via WhatsApp. https://wa.me/34607202361
Our office is located at C/ Alameda de Colón, nº2, 2ºD, 29001, Málaga https://g.co/kgs/PZYye9g, and we can also assist you through video conferencing or, if the client demands it, we can travel outside of our offices.
