Substantial Modifications of Working Conditions and Transfer of Undertakings: On the Choice of the Appropriate Procedural Route for Bringing a Claim

Commentary on Supreme Court Ruling 681/2026 of 21 July

Authors

  • Javier Fernández-Costales Muñiz Professor of Labour and Social Security Law. University of León (Spain)

DOI:

https://doi.org/10.51302/rtss.2026.25596

Keywords:

substantial change, transfer of undertaking, ordinary proceedings, proceedings challenging substantial modifications of working conditions, collective agreement, working conditions, business transfer

Abstract

The ruling examines a claim that a substantial change to working conditions following a transfer of undertaking did not apply, given the consequent subrogation of the transferee to the rights and obligations of the transferor. Furthermore, the Court rules on whether the procedural route followed was correct or not, and the consequences thereof.

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Published

2026-11-06

How to Cite

Fernández-Costales Muñiz, J. (2026). Substantial Modifications of Working Conditions and Transfer of Undertakings: On the Choice of the Appropriate Procedural Route for Bringing a Claim: Commentary on Supreme Court Ruling 681/2026 of 21 July. Revista De Trabajo Y Seguridad Social. CEF, (495). https://doi.org/10.51302/rtss.2026.25596