Different activities and applicable agreement

To determine the applicable collective agreement in companies with differentiated activities, the predominant activity must be identified taking into account the stability and permanence of each activity, beyond the number of workers or temporary economic results.

In the absence of a clear predominant activity, several agreements can be applied according to the function of the workers. For example, in a specific case, it was resolved that a company with stable commercial activities and variable projects should be governed by multiple agreements, since the commercial activity was the main and permanent one, but there were several employees working on projects for different activities. The Supreme Court [TS 24-06-2025] concluded that the plurality of agreements applied in that case was in line with the functional organization of the company.

Salary information to the RLT

The National Court [AN 23-07-2025] has determined that the company is not obliged to provide individual salary information to the worker representatives (RLT). The legal representation of the workers is entitled to receive information on the salary mass broken down by professional groups and gender, and that is already sufficient. There is no regulation that obliges the company to provide individual salary data.

In addition, current data protection regulations do not allow the disclosure of an individual's compensation to third parties.

It is true that the RLT is entitled to receive a basic copy of the contracts, but it can simply be indicated that the worker will receive the salary "according to the agreement," without specifying the actual amount.

Sick leave supplement: duration

The courts [AN 26-06-2025] have established that, in the case of a collective agreement that sets a supplement for temporary incapacity (IT) without specifying a clear time limitation, this compensation must be maintained as long as the IT situation persists, even during extraordinary extensions that exceed 545 days.

In accordance with the provisions of said agreement, in that case, the company was obliged to guarantee the continuous payment of the sick leave supplement and to contribute to Social Security considering this supplement from the first day, since no specific end was mentioned nor what would happen if the IT lasted more than 545 days. In conclusion, as long as the agreement does not state otherwise, the payment of the supplement must be maintained throughout the entire period of IT, including any extraordinary extensions that may occur.