STS 736/2025: The Judicial Door Closed to Additional Compensation for Unfair Dismissal
Supreme Court Ruling 736/2025, issued on July 16, marks a milestone in the configuration of the Spanish compensation system for unfair dismissal. With this ruling, the High Court definitively closes the possibility for judges to award compensation higher than that established in Article 56.1 of the Workers' Statute, consolidating a restrictive doctrine that limits any changes in this area to the legislator. The ruling denies direct normative value to international instruments such as ILO Convention 158 and the revised European Social Charter, and declares that the opinions of the European Committee of Social Rights (ECSR) are not binding. This ruling, adopted by a majority of ten judges against three dissenting judges, strengthens the legal certainty and uniformity of the system, but also leaves open a significant gap between Spanish legislation and international standards regarding compensation for unfair dismissal.